
Book ft <%/ 



-Till RD 



RCH 4, 18 



PPENDIX 



ATE AND GENERAL RELIEF-ACTS, ETC 
INTEREST TO THE NAVY. 



BY THE NAVY DEPARTMENT. 



SHINGTON: 

T PRINTING OFFICE 

1875. 



COMPILATION 

OF 

NAVY AND OTHER LAWS 

FROM THE T „ 

REVISED STATUTES and STATUTES AT LARGE 



PASSED BY 



THE FORTY-THIRD CONGRESS 



E>TDED 



MAECH 4, 1875, 



AN appendix 



CONTAINING SUCH PRIVATE AND GENERAL RELIEF-ACTS, ETC., 
AS ARE OF INTEREST TO THE NAVY. 



PUBLISHED BY THE NAVY DEPARTMENT. 



WASHINGTON: 
GOVERNMENT PRINTING OFFICE, 

1875. 



Av 



DEC 14 '908 
" D. or U. 



PREFACE. 



This compilation is designed to embrace such laws of the United 
States as are of general interest to the Navy, the Marine Corps, and 
the Navy Department, and to present a more convenient book of refer- 
ence than the Eevised Statutes. The alphabetical arrangement of 
subjects is without regard to the Titles and Chapters of the Eevised 
Statutes, although some of the Titles are the same. In the margin of each 
section, or group of sections, the number of the Title and the Chapter 
of the Eevised Statutes to which they belong are given ; and if the 
Title itself be desired, it can be found in the Table in the Appendix. 
In the Appendix will also be found Eesolutions of Thanks, &c, in 
recognition of meritorious services, special relief-acts affecting the 
status of officers of the Navy, and general relief-acts not embraced 
in the Eevised Statutes ; also a copy of the original Constitution, with 
its amendments. The analytical index will aid in referring to subjects 
not forming a distinct heading. 



LAWS RELATING TO THE NAVY, ETC. 

1875. 



ACCOUNTS. 

See also Disbursing Officers and Embezzlement. 



b«ec. 

191. Certified balances. 

236. Public accounts to be settled in the Depart- 

ment of the Treasury. 

237. Commencement of the fiscal year. 
250. Settlement of accounts. 

260. Reports upon appropriations for Departments 

of War and Navy. 
273. Duties of the Second Comptroller. 



Sec. 

274. Power of Second Comptroller to regulate 

payment of arrears of pay. 

275. Signing bounty certificates, &c. 
277. Duties of the Fourth Auditor. 

283. Manner of keeping accounts of Depart- 
ments of War and the Navy. 
297. Auditors may administer oaths. 
1766. Officers in arrears. 



Title 4. 



Sec. 191. The balances which may from time to time be stated by the 
Auditor and certified to the heads of Departments by the Commissioner Cerfcifled 
of Customs, or the Comptrollers of the Treasury, upon the settlement of ances. 
public accounts, shall not be subject to be changed or modified by the 
heads of Departments, but shall be conclusive upon the executive branch 
of the Government, and be subject to revision only by Congress or the 
proper courts. The head of the proper Department, before signing a 
warrant for any balance certified to him by a Comptroller, may, however, 
submit to such Comptroller any facts in his judgment affecting the cor- 
rectness of such balance, but the decision of the Comptroller thereon 
shall be final and conclusive, as hereinbefore provided. 



Sec. 236. All claims and demands whatever by the United States or Title 7, Chap. 1. 
against them, and all accounts whatever in which the United States are p ud h accounts 
concerned, either as debtors or as creditors, shall be settled and adjusted to be settled in 
in the Department of the Treasury. the Department 

Sec. 237. The fiscal year of the Treasury of the United States in all of the Treasury, 
matters of accounts, receipts, expenditures, estimates, and appropria- 
tions, except accounts of the Secretary of the Senate for compensation 
and traveling expenses of Senators, shall commence on the first day of Commencement. 
July in each year ; and all accounts of receipts and expenditures required ° e sca year ' 
by law to be published annually shall be prepared and published for the 
fiscal year as thus established. The fiscal year for the adjustment of the 
accouuts of the Secretary of the Senate for compensation and traveling 
expenses of Senators shall extend to and include the third day of July. 



Sec. 250. The Secretary of the Treasury shall cause all accounts of Title 7, Chap. 2. 
the expenditure of public money to be settled within each fiscal year, settlement of 
except where the distance of the places where such expenditure occurs accounts within 
may be such as to make further time necessary; and in respect to fiscal year, 
expenditures at such places, the Secretary of the Treasury, with the 
assent of the President, shall establish fixed periods at which a settle- 
ment shall be required. 

Sec. 260. The Secretary of the Treasury shall lay before Congress at Reports upon 
the commencement of each regular session, accompanying his annual appropriations 
statement of the public expenditure, the reports which may be made to 7wa?and Navy! 
him by the Auditors charged with the examination of the accounts of 
the Department of War aud the Department of the Navy, respectively, 
showing the application of the money appropriated for those Depart- 
ments for the preceding year. 



Title 7, Chap. 3. Sec 273. It shall be the duty of the Second Comptroller: 
Duties of the First< To examine all accounts settled by the Second, Third, and 
Second Comp- Fourth Auditors, and certify the balances arising thereon to the Secre- 
troller. , tary of the Department in which the expenditure has been incurred. 

Second. To countersign all warrants drawn by the Secretaries of War 
and of the Navy, which shall be warranted by law, [See § 3673, Ap- 

PROPKIATIONS.] 

Third. To report to the Secretaries of War and of the Navy the offi- 
cial forms to be issued in the different offices for disbursing the public 
money in those Departments, and the manner and form of keeping and 
stating the accounts of the persons employed therein. 

Fourth. To superintend the preservation of the public accounts sub- 
ject to his revision. 
Power of Sec- Sec. 274. The Second Comptroller may prescribe rules to govern the 
ond Comptroller payment of arrears of pay due to any petty officer, seaman, or other 
to regulate pay- person not an officer, on board any vessel in the employ of the United 
ment of arrears states, which has been sunk or destroyed, in case of the death of such 
p y ' petty officer, seaman, or person, to the person designated by law to 

receive the same. 
Signing bounty Sec. 275. The Second Comptroller may detail one clerk to sign, in the 
certificates, &c. pi ace f the Comptroller, all certificates and papers issued under any 
provisions of law relating to bounties; but the Comptroller shall be 
responsible for the official acts of such clerk. 

Title 7, Chap. 4. Sec. 277. The duties of the Auditors shall be : 

* * # # # # # 

Fifth. The Fourth Auditor shall receive and examine all accounts 
accruing in the Navy Department or relative thereto, and all accounts 
relating to Navy pensions ; and, after examination of such accounts, he 
shall certify the balances, and shall transmit such accounts, with the 
vouchers and certificate, to the Second Comptroller for his decision 
thereon. 
Manner of keep- Sec. 283. The Auditors charged with the examination of the accounts 
ing accounts of of the Departments of War and of the Navy shall keep all accounts of 
Departments of the receipts and expenditures of the public money in regard to those 
War and the D e p ar tnients, an< l OI " a U debts due to the United States on moneys ad- 
vanced relative to those Departments ; shall receive from the Second 
Comptroller the accounts which shall have been finally adjusted, and 
shall preserve such accounts, with their vouchers and certificates, and 
record all requisitions drawn by the Secretaries of those Departments, 
the examination of the accounts of which has been assigned to them. 
They shall annually, on the first Monday in November, severally report 
to the Secretary of the Treasury the application of the money appro- 
priated for the Department of War and the Department of the Navy, 
and they shall make such reports ou the business assigned to them as 
the Secretaries of those Departments may deem necessary and require. 
Auditors may Sec. 297. The several Auditors are empowered to administer oaths to 
administer oaths, witnesses in any case in which they may deem it necessary for the due 
examination of the accounts with which they shall be charged. 

Title 19. Sec. 1766. No money shall be paid to any person for his compensation 

who is in arrears to the United States, until he has accounted for and 



Officers in ar- p a id into the Treasury all sums for which he maybe liable. In all 
Bar8# cases where the pay or salary of any person is withheld in pursuance 

of this section, the accounting officers of the Treasury, if required to 
do so by the party, his agent or attorney, shall report forthwith to the 
Solicitor of the Treasury the balance due ; and the Solicitor shall within 
sixty days thereafter, order suit to be commenced against such delin- 
quent and his sureties. 

ADMIRALS. 

See Line Officers. 

ADVANCES AND LOANS OF PUBLIC MONEY. 



1389. Loans by paymasters. 

1563. Advances to' persons on distant stat'ons. 



Sec. 
3648. Advances of public moneys prohibited. 



Title 15, Chap. I. Sec. 1389. It shall not be lawful for any paymaster, passed assistant 

Loans to officers paymaster, or assistant paymaster to advance or loan, under any pre- 

by paymasters, tense whatever, to any officer in the naval service, any sum of money 



public or private, or any credit, or any article or commodity what- 
ever. 

Sec. 1563. The President of the United States may direct such ad- Title 15, Chap. 8. 
trances, as he may deem necessary and proper, to such persons in the Advances to 
naval service as may be employed on distant stations where the dis- persons on dis- 
charge of the pay and emoluments to which they are entitled cannot be tant stations, 
regularly effected. 

Sec. 3648. No advance of public money shall be made in any case Title 40. 
whatever. And in all cases of contracts for the performance of any Advances of 
service, or the delivery of articles of any description, for the use of the public moneys 
United States, payment shall not exceed the value of the service ren- prohibited, 
dered, or of the articles delivered previously to such payment. It shall, 
however, be lawful, under the special direction of the President, to 
make such advances to the disbursing officers of the Government as may 
be necessary to the faithful and prompt discharge of their respective 
duties, and to the fulfillment of the public engagements. The President 
may also direct such advances as he may deem necessary and proper, 
to persona in the military and naval service employed on distant sta- 
tions, where the discharge of the pay and emoluments to which they 
may be entitled cannot be regularly effected. 

ADYEETISEMENTS— PUBLIC PEI^TING. 

See also under Contracts and Public Documents. 



Sec. Sec. 

853. Printers' fees. 3825. Eates of pay in all the States for publish- 

854. Meaning of folio. ing the laws. 
38-23. Clerk of House to select newspapers in cer- 3826. Advertisements in Washington, D. C 

tain States, &c. 3828. !N"o advertisement without authority. 

3S24. Heads of Departments and judges to be 
notified and to publish only in such 
papers. 

Sec. 853. For publishing any notice, or order, required by law, or the Title 13, Chap. 16. 
lawful order of any court, Department, Bureau, or other person, in any printers' fees~ 
newspaper, except as mentioned in sections thirty-eight hundred and 
twenty-three, thirty-eight hundred and twenty-four, and thirty-eight 
hundred and twenty-five, Title, "Public Printing, Advertisements, 
and Public Documents," forty cents per folio for the first insertion, 
and twenty cents per folio for each subsequent insertion. The compen- 
sation herein provided shall include the furnishing of lawful evidence, 
under oath, of publication, to be made and furnished by the printer or 
publisher making such publication. 

Sec. 854. The term folio, in this chapter, shall mean one hundred f Meaning of 
words, counting each figure as a word. When there are over fifty and 
under one hundred words, they shall be counted as one folio ; but a less 
number than fifty words shall not be counted, except when the whole 
statute, notice, or order contains less than fifty words. 



Sec. 3823. The Clerk of the House of Eepresentatives shall select in Title 45. 



Virginia, South Carolina, North Carolina, Georgia, Florida, Alabama, 



Clerk of House 



Mississippi, Louisiana, Texas, and Arkansas, one or more newspapers, to se i ec t news- 
not exceeding the number allowed by law, in which such treaties and papers in certain 
laws* of the United States as may be ordered for publication in news- States to publish 
papers according to law shall be published, and in some one or more of laws > &c - 
which so selected all such advertisements as may be ordered for publica- 
tion in said districts by any United States court or judge thereof, or by 
any officer of such courts, or by any executive officer of the United States, 
shall be published, the compensation for which, and other terms of pub- 
lication, shall be fixed by said Clerk at a rate not exceeding two dollars 
per page for the publication of treaties and laws, and not exceeding one 
dollar per square of eight lines of space, for the publication of advertise- 
ments, the accounts for which shall be adjusted by the proper account- 
ing officers, and paid in the manner now authorized by law in the like 
cases. [See § 204, Dept. of State.] 

* The act of February lr>, 1875. amending the revised statutes, prohibits the publish- 
ing of the laws in newspapers alter March 4, 1875. 



Heads of De- Sec. 3824. The Clerk shall notify each head of the several Executive 
lud^eTtobe noti- Departments, an( l eacu J ud g e of the United States courts therein, of the 
fiedt and to pub- papers selected by him in accordance with the provisions of the preced- 
lish'only in such ing section, and thereafter it shall be t e duty of the several executive 
newspapers. officers charged therewith to furnish to such selected papers only, an au- 
thentic copy of the publications to be made as aforesaid ; and no money 
appropriated shall be paid for any publications or advertisements here- 
after to be made in said districts, nor shall any such publication or ad- 
vertisement be ordered by any Department or public officer otherwise 
than as herein provided. [See § 853, ante.'] 
R^ te s of pay in g EC# 3325. The rates fixed in section thirty-eight hundred and twenty- 
publishing lawT three > to be P aid for the publication of the treaties and laws of the United 
States in the States therein designated, shall also be paid for the same 
publications in all the States not designated in that section. [See 
$ 79.*] 
Advertise- Sec. 3826. All advertisements,! notices, and proposals for contracts for 
ineton D ^ &sh ~ all the Executive Departments of the Government, and the laws passed 
by Congress, and executive proclamations and treaties to be published 
in the District of Columbia, Maryland, and Virginia, shall hereafter be 
advertised by publication in the three daily papers published in the Dis- 
trict of Columbia having the largest circulation, one of which shall be 
selected by the Clerk of the House of Eepresentatives, and in no others. 
The charges for such publications shall not be higher than such as are 
paid by individuals for advertising in said papers, and the same publi- 
cations shall be made in each of the said papers equally as to frequency : 
Provided, That no advertisement to any State, district, or Territory, 
other than the District of Columbia, Maryland, or Virginia, shall be pub- 
lished in the papers designated, unless at the direction first made of the 
proper head of a Department : And provided farther, That this section 
shall not be construed to allow a greater compensation for the publica- 
tion of the laws passed by Congress and executive proclamations and 
treaties in the papers of the District of Columbia than is provided by law 
for such publications in other papers. 
No advertise- Sec. 3828. No advertisement, notice, or proposal for any Executive 
ment without au- Department of the Government, or for any Bureau thereof, or for any 
thority. office therewith connected, shall be published in any newspaper what- 

ever, except in pursuance of a written authority for such publication 
from the head of such Department ; and no bill for any such advertis- 
ing, or publication, shall be paid, unless there be presented, with such 
bill, a copy of such written authority. 

AGRICULTURAL DEPARTMENT. 

See Department of Agriculture. 

ALIEN ENEMIES. 

See also under Naturalization. 

Sec. Sec. 

4067. Removal of alien enemies. 4070. Duties of marshals in removing alien ene- 

4068. Time for removal. mies. 

4069. Jurisdiction of United States courts over 

alien enemies. 

Title 47. Sec. 4067. Whenever there is a declared war between the United 

Removal of States and any foreign nation or government, or any invasion or preda- 
alien enemies. tory incursion is perpetrated, attempted, or threatened against the ter- 
ritory of the United States, by any foreign nation or government, and 
the President makes public proclamation of the event, all natives, citi- 
zens, denizens, or subjects of the hostile nation or government, being 
males of the age of fourteen years and upward, who shall be within the 
United States, and not actually naturalized, shall be liable to be appre- 
hended, restrained, secured, and removed, as alien enemies. The Presi. 

* Section 79, as amended, reads, "after the 4th day of March, 1875, the publication of 
the laws in newspapers shall cease." 

t Act making appropriations for the Post-Offi.ce Department. 

R. S. s. 3826, p. * * * And so much of sectiou three thousand eight hundred and twenty-six of 
754, repealed in the Revised Statutes of the United States as refers to the publication of advertise- 
part, ments in newspapers be, and the same is hereby, repealed. Approved March 3, 1875. 



9 

dent is authorized in any such event, by his proclamation thereof, or 
other public act, to direct the conduct to be observed, on the part of the 
United States, toward the aliens who become so liable ; the manner and 
degree of the restraint to which they shall be subject, and iu what 
cases, and upon what security their residence shall be permitted, and to 
provide for the removal of those who, not being permitted to reside 
within the United States, refuse or neglect to depart therefrom : aud to 
establish any other regulations which are found necessary in the prem- 
ises aud for the public safety. 

Sec. 406S. When an alien who becomes liable as an enemy, in the Tin | e for re- 
manuer prescribed in the preceding section, is not chargeable with moval - 
actual hostility, or other crime against the public safety, he shall be 
allowed, for the recovery, disposal, aud removal of his goods and effects, 
and for his departure, the full time which is or shall be stipulated by 
any treaty theu in force between the United States and the hostile 
nation or government of which he is a native citizen, denizen, or subject ; 
aud where no such treaty exists, or is in force, the President may ascer- 
tain and declare such reasonable time as may be consistent with the 
public safety, and according to the dictates of humanity and national 
hospitality. 

Sec. 4069. After any such proclamation has been made, the several Jurisdiction ot 
courts of the United States, having criminal jurisdiction, and the several United S ta te s 
justices and judges of the courts of the United States, are authorized, S°pmfp? ver U 
and it shall be their duty, upon complaint against any alien enemy resi- 
dent and at large within such jurisdiction or district, to the danger of 
the public peace or safety, and contrary to the tenor or intent of such 
proclamation, or other regulations which the President may have estab- 
lished, to cause such alien to be duly apprehended aud conveyed before 
such court, judge, or justice; and after a full examination and hearing 
on such complaint, and sufficient cause appearing, to order such alien to 
be removed out of the terrritory of the United States, or to give sureties 
for his good behavior, or to be otherwise restrained, conformably to the 
proclamation or regulations established as aforesaid, and to imprison, or 
otherwise secure such alien, until the order which may be so made shall 
be performed. 

Sec. 4070. When an alien enemy is required by the President, or by Duties of mar- 
order of any court, judge, or justice, to depart aud to be removed, it sn . al in removing 
shall be the duty of the marshal of the district in which he shall be ap- alien enemies - 
prehended to provide therefor, and to execute such order in person, or 
by his deputy, or other discreet person to be employed by him, by caus- 
ing a removal of such alien out of the territory of the United States ; 
and for such removal the marshal shall have the warrant of the Presi- 
dent, or of the court, judge, or justice ordering the same, as the case 
may be. 

APPROPRIATIONS— ESTIMATES. 



Sec. 
430. Estimates for expenses. 

3660. Manner of communicating estimates. 

3661. Estimates for printing and binding. 

3662. Estimates for salaries. 

3663. Requisites of estimates for appropriations 

for public works. 

3664. What additional explanations are required. 
36G5. Amount of outstanding appropriation to be 

designated. 

3666. Items of expenditure to be specified in esti- 

mates and accounts. 

3667. Estimates of claims, &c, on Xavj- pension- 

fund. 
3660. Estimates to be submitted to Congress. 
3670. What statements shall accompany esti- 

ti mates. 

3672. Sales of public property to be included in 

book of estimates. 

3673. Drafts of War and Navy Departments. 



Sec. 

3675. Form of drawing and charging warrants. 

3676. Appropriations for Navy controlled by Sec- 

retary ; for each Bureau to be kept sepa- 
rately. 

3673. Application of moneys appropriated. 

3679. No expenditures beyond appropriations. 

3681. Expenses of commissions and inquiries. 

3682. Contingent, &c, expenses. 

3683. Restriction on purchasing from contingent 

fund. 
3685. Lighthouse appropriations. 
3886. Foreign hydrographic surveys. 

3689. Permanent indefinite appropriations. 

3690. Expenditure of balances of appropriations. 

3691. Disposal of balances after two years. 

3692. Proceeds of certain sales of material. 

Unexpended balances of appropriations. 

Estimates to be furnished Secretary of Treas- 

ury by October 1. 



Sec. 430. All estimates for specific, general, and contingent expenses 
of the Department, and of the several Bureaus, shall be furnished to 
the Secretary of the Navy by the chiefs of the respective Bureaus. 

[See § 3666, Post.] 



Title 10. 



Estimates 
expenses. 



for 



10 

Tit le 41. Sec. 3660. The heads of Departments, in communicating estimates of 

Manner of com- expenditures and appropriations to Congress, or *to any of the commit- 
municating esti- tees thereof, shall specify, as nearly as may be convenient, the sources 
mates. from which such estimates are derived, and the calculations upon which 

they are founded, aud shall discriminate between such estimates as are 
conjectural in their character and such as are framed upon actual infor- 
mation and applications from disbursing officers. They shall also give 
references to any law or treaty by which the proposed expenditures are, 
respectively, authorized, specifying the date of each, and the volume 
and page of the Statutes at Large, or of the Kevised Statutes, as the 
case may be, and the section of the act in which the authority is to be 
found. 
Estimates for Sec. 3661. The head of each of the Executive Departments, and every 
b"(T 1U <r S a n d °* ner P u bli° officer who is authorized to have printing and binding done 
1Dg ' at the Congressional Printing-Office for the use of his Department or 

public office, shall include in his annual estimate for appropriations for 
the next fiscal year such sum or sums as may to him seem necessary 
" for printing and binding, to be executed under the direction of the 
Congressional Printer." [See § 3802, Public Documents.] 
Estimates for Sec. 3662. All estimates for the compensation of officers authorized 
salaries. \yj \ QiW ^ be employed shall be founded upon the express provisions of 

law, and not upon the authority of executive distribution. 
Requisites for Sec. 3663. Whenever any estimate submitted to Congress by the 
estimates for ap- h ea d f a Department asks an appropriation for any new specific ex- 
puwfcVorks. ° r penditure, such as the erection of a public building, or the construction 
of any public work, requiring a plan before the building or work can be 
properly completed, such estimate shall be accompanied by full plan 
and detailed estimates of the cost of the whole work. All subsequent 
estimates for any such work shall state the original estimated cost, the 
aggregate amount theretofore appropriated for the same, and the amount 
y actually expended thereupon, as well as the amount asked for the current 

year for which such estimate is made. And if the amount asked is in 
excess of the original estimate, the full reasons for the excess, and the 
extent of the anticipated excess, shall be also stated. [See $ 3734, Con- 
tracts.] 
What addi- Sec. 3664. Whenever the head of a Department, being about to sub- 
tional explana- m | t ^ Congress the annual estimates of expenditures required for the 
quired 8 &T& **' coming year, finds that the usual items of such estimates vary materi- 
ally in amount from the appropriation ordinarily asked for the object 
named, and especially from the appropriation granted for the same 
objects for the preceding year, and whenever new items not theretofore 
usual are introduced into such estimates for any year, he shall accom- 
pany the estimates by minute and full explanations of all such varia- 
tions and new items, showing the reasons and grounds upon which the 
amounts are required, and the different items added. 
Amount of out- Sec. 3665. The head of each Department, in submitting to Congress 
standing appro- hj 8 estimates of expenditures required in his Department during the 
designated ° y ear tnen approaching, shall designate not only the amount required to 
ibe appropriated for the next fiscal year, but also the amount of the out- 
standing appropriation, if there be any, which will probably be required 
for each particular item of expenditure. 
Items of ex- Sec. 3666. The estimates for expenditures required by the Department 
penditure to be of the Navy for the following purposes shall be given in detail, and the 
specified in esti- expenditures made under appropriations therefor shall be accounted 
counts. anC a °* for so as to show the disbursements of each Bureau under each respect- 
ive appropriation : 

First. Freight and transportation. 
Second. Printing and stationery. 
Third. Advertising in newspapers. 
Fourth. Books, maps, models, and drawings. 
Fifth. Purchase and repair of fire-engines and machinery. 
Sixth. Eepairs of and attending to steam-engines in navy-yards. 
Seventh. Purchase and maintenance of horses and oxen, and driving 
teams. 

Eighth. Carts, timber- wheels, and the purchase and repair of work- 
men's tools. 

Ninth. Postage of public letters. 

Tenth. Fuel, oil, and candles for navy-yards and shore-stations. 
Eleventh. Pay of watchmen and incidental labor not chargeable to 
any other appropriation. 



11 

Twelfth. Transportation to, and labor attending the delivery of pro- 
visions and stores on foreign stations. 

Thirteenth. Wharfage, dockage, and rent. 

Fourteenth. Traveling expenses of officers and others under orders. 

Fifteenth. Funeral expenses. 

Sixteenth. Store aud office rent, fuel, commissions, and pay of clerks 
to navy-agents and store-keepers. 

Seventeenth. Flags, awnings, and packing-boxes. 

Eighteenth. Premiums and other expenses of recruiting. 

Nineteenth. Apprehending deserters. 

Twentieth. Per-diem pay to persons attending courts-martial, courts 
of inquiry, aud other services authorized by law. 

Twenty-first. Pilotage and towage of vessels, and assistance to ves- 
sels in distress. 

Twenty-second. Bills of health and quarantine expenses of vessels of 
the United States Navv in foreign ports. [See § 430, ante.'] 

Sec. 3667. The Secretary of the Navy shall annually submit to Con- c^^&c on 
gress estimates of the claims and demands chargeable upon and payable ^ aY y pension- 
out of the naval pension fund. fund. 

Sec. 3669. All annual estimates for the public service shall be sub- Estimatestobe 
mitted to Congress through the Secretary of the Treasury, and shall be submitted to Con- 
included in the book of estimates prepared under his direction. 

Sec. 3670. The Secretary of the Treasury shall annex to the annual What state- 
estimates of the appropriations required for the public service, a state- ments shall ac- 
iuent of the appropriations for the service of the year, which may have ™ a J j! P ! any e3ti * 
been made by former acts. 

Sec. 3672. A detailed statement of the proceeds of all sales of old Statement o f 
material, condemned stores, supplies, or other public property of any proceeds of sales 
kind shall be included in the appendix to the book of estimates. 0± old material - 

Sec. 3673. All moneys appropriated for the use of the War and Navy Drafts for "War 
Departments shall be drawn from the Treasury, by warrants of the Sec- and Navy De- 
retary of the Treasury, upon the requisitions of the Secretaries of those payments. 
Departments, respectively, countersigned by the Second Comptroller of 
the Treasury, and registered by the proper Auditor. [See §§ 273, 277, 
under Accounts.] 

Sec. 3675. All warrants drawn by the Secretary of the Treasury, upon Form of draw- 
the Treasurer of the United States, shall specify the particular apx>ropria- in £ and charging 
tion to which the same should be charged; and the moneys paid by vir- wa rrants. 
tue of such warrants shall, in conformity therewith, be charged to such 
appropriation in the books of the Secretary, First Comptroller, and Reg- 
ister. 

Sec. 3676. All appropriations for specific, general, and contingent ex- Appropriation 
penses of the Navy Department shall be under the control and expended for Navy con- 
by the direction of the Secretary of the Navy, and the appropriation *£rv • for r t' 
for each Bureau shall be kept separate in the Treasury. Bureau to be kept 

separately. 

Sec. 3678. All sums appropriated for the various branches of expend- Applications of 
iture in the public service shall be applied solely to the objects for moneys appropri- 
which they are respectively made, and for no others. ate 

Sec. 3679. No Department of the Government shall expend, in any N° expendi- 
one fiscal year, any sum in excess of appropriations made by Congress ^^.^7^ ap " 
for that fiscal year, or involve the Government in any contract for the 
future pavment of money in excess of such appropriations. [See §§ 
3733, 5503*, Contracts.] 

Sec. 3681. No accounting or disbursing officer of the Government Expenses of 
shall allow or pay any account or charge whatever, growing out of, or commissions and 
in any way connected with, any commission or inquiry, except courts- inquirie8 ' 
martial or courts of inquiry in the military or naval service of the 
United States, until special appropriations shall have been made by law 
to pay such accounts and charges. This section, however, shall not ex- 
tend to the contingent fund connected with the foreign intercourse of 
the Government, placed at the disposal of the President. 

Sec. 3683. No moneys appropriated for contingent, incidental, or mis- Restrictions on 
cellaneoas purposes, shall be expended or paid for official or clerical appVopnationt '' 
compensation. 

Sec 3683. No part of the contingent fund appropriated to any De- Upon pnr- 
partment, Bureau, or office, shall be applied to the purchase of any ar- chases from con- 
ticles except such as the head of the Department shall deem necessary tm S ent funds - 
and proper to carry on the business of the Department, Bureau, or 



12 

office, and shall, by written order, direct to be procured. [See Contin- 
gent Fund.] 
Light-houses. Sec. 3685. Appropriations for establishing light-houses shall be avail- 
able for expenditure for two years after acts of State legislatures ceding 
jurisdiction over sites take effect. This section shall not, however, ap- 
ply to general appropriations for light-house purposes. In no case 
shall any special appropriation be available for more than two years 
without further provision of law. [See June 20, 1874, post.'] 
Foreign hydro- Sec. 3686. All appropriations made for the preparation or publication 
graphic surveys. f f ore }g n hydrographic surveys shall only be applicable to their object, 
upon the approval by the Secretary of the Navy, after a report from 
three competent naval officers, to the effect that the original data for 
proposed charts are such as to justify their publication ; and it is hereby 
made the duty of the Secretary of the Navy to order a board of three 
naval officers to examine and report upon the data, before he shall ap- 
prove of any application of money to the preparation or publication of 
such charts or hydrographic surveys. 
Permanent in- g EC> 3689. There are appropriated, out of any moneys in the Treasury 
atk>ns teaPPr ° Pn no * otherwise appropriated, for the purposes hereinafter specified, such 
sums as may be necessary for the same respectively ; and sucn appro- 
priations shall be deemed permanent annual appropriations. 

Allowance for reduction of wages under eight-hour law : 
Of such sum as may be required in the settlement of .all accounts for 
the services of laborers, workmen, and mechanics employed by or on 
behalf of the Government, between the twenty-fifth day of June, eighteen 
hundred and sixty-eight, the date of the act constituting eight hours a 
day's work for all such laborers, workmen, and mechanics, and the nine- 
teenth day of May, eighteen hundred and sixty-nine, the date of the 
proclamation of the President concerning such pay, to settle and pay 
ior the same without reduction on account of reduction of hours of labor 
by said act, when it shall be made to appear that such was the sole cause 
of the reduction of wages. [See § 3738, Contracts.] 

Indemnity to seamen and marines for lost clothing : 
To allow and pay to each person, not an officer, employed on a vessel 
of the United States, sunk or otherwise destroyed, and whose personal 
effects have been lost, a sum not exceeding sixty dollars. In the event 
of the death of the person, this sum is to be paid to his proper legal rep- 
resentatives. 

Prize-money to captors : 
For one moiety of the proceeds of prizes captured by vessels of the 
United States, to be distributed to the officers and crews thereof, in con- 
formity to the provisions of Title " Pkize ; " also, the proceeds of derelict 
and salvage cases adjudged by the courts of the United States to salvors. 
Expenditure of Sec. 3690. All balances of appropriations contained in the annual 
balances of ap- appropriation bills and made specifically for the service of any fiscal 
propnations. year, and remaining unexpended at the expiration of such fiscal year, 
shall only be applied to the payment of expenses properly incurred dur- 
ing that year, or to the fulfillment of contracts properly made within 
that year ; and balances not needed for such purposes shall be carried to 
the surplus fund. This section, however, shall not apply to appropria- 
tions known as permanent or indefinite appropriations. [See § 3685.] 
Disposal of bal- Sec. 3691. All balances of appropriations which shall have remained 
ances after two on t h e ^ookg f the Treasury, without being drawn against in the settle- 
ment of accounts, for two years from the date of the last appropriation 
made by law, shall be reported by the Secretary of the Treasury to 
the Auditor of the Treasury, whose duty it is to settle accounts there- 
under, and the Auditor shall examine the books of his Office, and cer- 
tify to the Secretary whether such balances will be required in the set- 
tlement of any accounts pending in his Office; and if it appears that 
such balances will not be required for this purpose, theu the Secretary 
may include such balances in his surplus-fund warrant, whether the head 
of the proper Department shall have certified that it may be carried 
into the general Treasury or not. But no appropriation for the pay- 
ment of the interest or principal of the public debt, or to which a longer 
duration is given by law, shall be thus treated. [See June 29, 1874, 
post.] 
Proceeds of cer- Sec. 3692. All moneys received from the leasing or sale of marine 
tain sales, <fec, of hospitals, or the sale of revenue-cutters, or from the sale of commissary 
material. stores to the officers and enlisted men of the Army, or from sales of con- 

demned clothing of the Navy, or from sales of materials, stores, or sup- 



13 

plies to any exploring or surveying expedition authorized by law, shall 
respectively revert to that appropriation out of which they were origi- 
nally expended, and shall be applied to the purposes for which they are 
appropriated by law. 

LEGISLATIVE AND EXECUTIVE APPROPRIATION ACT. 

Sec. 5. That from and after the first day of July, eighteen hundred Juiie20, 1874. 
and seventy-four, and of each year thereafter, the Secretary of the Treas- unexpended 
ury shall cause all unexpended balances of appropriations which shall balances to be 
have remained upon the books of the Treasury for two fiscal years to be covered into the 
carried to the surplus fund and covered into the Treasury : Provided, Treasar y- 
That this provision shall not apply to permanent specific appropriations, Exceptions, to 
appropriations for rivers and harbors, light-houses, fortifications, public continue availa- 
buildings, or the pay of the Navy and Marine Corps ;• but the appropria- Dle - 
tions named in this proviso shall continue available until otherwise 
ordered by Congress, and this provision shall not apply to any unex- 
pended balance of the appropriation made by the act approved December 
twenty-first, eighteen hundred and seventy-one, for expenses that may 
be incurred under articles one to nine of the treaty with Great Britain 
concluded May eighth, eighteen hundred and seventy-one, which balance 
the act approved March third, eighteen hundred and seventy-three, 
authorized to be expended to enable the President to fulfill the stipula- 
tions contained iu the twentieth, twenty-second, twenty-third, twenty - 
fonrth, and twenty-fifth articles of said treaty: And provided further, Existing con . 
That this section shall not operate to prevent the fulfillment of contracts tracts notT affect- 
existing at the date of the passage of this act; and the Secretary of the ed. 
Treasury shall, at the beginning of each session, report to Congress, , ' 

with his annual estimates, any balances of appropriations for specific gres e s ^ or ° on ~ 
objects affected by this section that may need to be re-appropriated. 

LEGISLATIVE AND EXECUTIVE APPROPRTATION ACT. 

Sec. 3. That it shall be the duty of the heads of the several Executive March 3, 1875. 
Departments, and of other officers authorized or required to make esti- ~~z ~ " 
mates, to furnish to the Secretary of the Treasury, on or before the first w h e n to^be far- 
day of October of each year, their annual estimates for the public service, nished. 
to be included in the Book of Estimates prepared by law under his direc- 
tion : and the .Secretary of the Treasury shall submit, as a part of the. 
appendix to the Book of Estimates, such extracts from the annual re- Extracts from 
ports of the several heads of Departments and Bureaus as relate to £^0,^^™^" 
estimates for appropriations, and the necessities therefor. dix to estimates. 

ARREARS. 

Sec. I Sec. 

•274. Arrears of pay to deceased persons. | 1766. Officers in arrears. 

Sec. 274. The Second Comptroller may prescribe rules to govern the Title 7, Chan. 3. 
payment of arrears of pay due to any petty officer, seaman, or other per- Arrears of pay- 
son not an officer, on board any vessel in the employ of the United to deceased per- 
States, which has been sunk or destroyed, in case of the death of such sons, 
petty officer, seaman, or person, to the person designated by law to 
receive the same. 

Sec 1766. No money shall be paid to any person for his compensation Title 19. 
who is iu arrears to the United States, until he has accounted for and officers in ar- 
paid into the Treasury all sums for which he may be liable. In all cases rears, 
where the payor salary of any person is withheld in pursuance of this 
section, the accounting officers of the Treasury, if required to do so by 
the party, his agent or attorney, shall report forthwith to the Solicitor 
of the Treasury the balance due; and the Solicitor shall, within sixty 
days thereafter, order suit to be commenced against such delinquent 
and his sureties. 

ARSON OF PUBLIC BUILDINGS, &o. 

Bee. [ Sec. 

5385. Arson of dwelling within a fort, &c. 5387. Arson of vessel of war. 

53c6. Arson of armory, arsenal, &x. 

SEC. 5385. Every person who, within any fort, dock-yard, navy-yard, Title 70,'Cbap. 3. 
arsenal, armory, or magazine, the site whereof is under the jurisdiction Arson of dwell- 
of the United States, or on the site of any light-house, or other needful fog-house within 
building belonging to the United States, the site whereof is under their a fort, &c. 



14 



jurisdiction, willfully and maliciously burns any dwelling-house, or 
mansion-house, or any store, barn, stable, or other building, parcel of 
any dwelling or mansion-house, shall suffer death, 
ry arsenal Tc ° Sec * 5386, EveT T person who, in any of the places mentioned in the 
' * preceding section, maliciously sets fire to, or burns, any arsenal, armory, 
magazine, rope- walk, ship-house, warehouse, block-house, or barrack, or 
any store-house, barn, or stable, not parcel of a dwelling-house, or any 
other building not mentioned in such section, or any vessel built, or 
begun to be built, or repairing, or any light-house, or beacon, or any 
timber, cables, rigging, or other materials for building, repairiug, or fit- 
ting out vessels, or any pile of wood, boards, or other lumber, or any 
military, naval, or victualing stores, arms, or other munitions of war, 
shall be punished by a fine of not more than five thousand dollars, and 
by imprisonment at hard labor not more than ten years. 
?"^ff n of vessel Sec. 5387. Every person who maliciously sets on fire, or burns, or 
otherwise destroys, any vessel of war of the Uoited States, afloat on the 
high seas, or in any arm of the sea, or in any river, haven, creek, basin, 
or bay within the admiralty jurisdiction of the United States, and out 
of the jurisdiction of any particular State, shall suffer death. 



of war. 



ARTICLES FOR THE GOVERNMENT OF THE NAVY. 



Sec. 

1624. Articles established. 



duties of supervision and correc- 



Art. 

1. Commander 

tion. 

2. Divine service. 

3. Irreverent behavior. 

4. Offenses punishable by death : 

1. Mutiny. 

2. Disobedience of orders. 

3. Striking superior officer. 

4. Intercourse with an enemy. 

5. Messages from an enemy. 

6. Desertion in time of war. 

7. Deserting trust. 

8. Sleeping on watch. 

9. Leaving station. 

10. "Willful stranding or injury of vessel. 

11. Unlawful destruction of public property. 

12. Striking flag or treacherously yielding. 

13. Cowardice in battle. 

14. Deserting duty in battle. 

15. Neglecting orders to prepare for battle. 

16. Neglecting to clear for action. 

17. Neglecting to join on signal for battle. 

18. Failing to encourage the men to fight. 

19. Failing to seek encounter. 

20. Failing to afford relief in battle. 

5. Spies. 

6. Murder. 

7. Imprisonment in penitentiary. 

8. Offenses punishable at discretion of court-mar- 

tial: 

1. Profanity, falsehood, &c. 

2. Cruelty. 

3. Quarreling. 

4. Fomenting quarrels. 

5. Duels. 

6. Contempt of superior officer. 

7. Combinations against superior officer. 

8. Mutinous words. 

9. Neglect of orders. 

10. Preventing destruction of public property. 

11. Negligent stranding. 

12. Negligence in convoy service. 



Art. 

13. Keceiving articles for freight. 

14. False muster. 

15. "Waste of public property, &c. 

16. Plundering on shore. 

17. Refusing to apprehend offenders. 

18. Refusing to receive prisoners. 

19. Absence from duty without leave. 

20. Violating general orders or regulations. 

21. Desertion in time of peace. 

22. Harboring deserters. 

9. Officers absent without leave may be reduced. 

10. Desertion by resignation. 

11. Dealing in supplies on private account. 

12. Importing dutiable goods in public vessels. 

13. Distilled spirits only as medical stores. 

14. Certain crimes of fraud against the United 

States. 

15. 16, and 17, under Prize. 

18. Returning fugitives from service. 

19. Enlisting deserters, minors, &c. 

20. Duties of commanding officers: 

1. Men received on board. 

2. List of officers, men, and passengers. 

3. Deaths and desertions. 

4. Property of deceased persons. 

5. Accounts of men received. 

6. Accounts of men sent from the ship. 

7. Inspection of provisions. 

8. Health of the crew. 

9. Attendance at final payment of the crew. 
10. Articles for the government of the Navy. 

Punishment for offending against this 
article. 

21. Authority of officers after loss of vessel. 

22. Offenses hot specified. 

23. Offenses committed on shore. 

24. Punishments by order of commander. 

25. Punishment by officer temporarily command- 

ing. 
26 to 35, under Summary court-martial. 

36. Dismissal of officers. 

37. Officers dismissed by President may demand 

trial. 
38 to 54, under General courts-martial. 
55 to 60, under Courts of inquiry. 



Title 15, Chap. 10. Sec. 1624. The Navy of the United States shall be governed by the 

Articles estab- following articles : 
lished. 

Commander's Article 1. The commanders of all fleets, squadrons, naval stations, 
?ffir, °f„ / , super " and vessels belonging to the Navy, are required to show in themselves 
cor ' a good example of virtue, honor, patriotism, and subordination; to be 
vigilant in inspecting the conduct of all persons who are placed under 
their command; to guard against and suppress all dissolute and immoral 
practices, and to correct, according to the laws and regulations of the 
Navy, all persons who are guilty of them; and any such commander 



vision and 
rection. 



15 

who offends against this article shall be punished as a court-martial may 
direct. 

Art. 2. The commanders of vessels and naval stations to which chap- Divine service. 
fauna are attached shall cause divine service to be performed on Sunday, 
whenever the weather and other circumstances allow it to be doue; aud 
it is earnestly recommended to all officers, seamen, aud others in the 
naval service diligently to attend at every performance of the worship 
of Almighty God. 

Art. 3. Any irreverent or unbecoming behavior duriug divine service Irreverent be- 
shall be punished as a general or summary court-martial may direct. havior. 

Art. 4. The punisbmeut of death, or such other punishment as a Offenses pun- 
court-martial may adjudge, may be inflicted on auy person in the naval ishable by death, 
service — 

First. "Who makes, or attempts to make, or unites with any mutiny Mutiny. 
or mutinous assembly, or, being witness to or present at any mutiny, 
does not do his utmost to suppress it ; or, knowing of auy mutinous as- 
sembly or of any intended mutiuy, does not immediately communicate 
his knowledge to his superior or commanding officer; 

Second. Or disobeys the lawful orders of his superior officer; Disobedience 

of orders. 

Third. Or strikes or assaults, or attempts or threatens to strike or as- striking supe- 
sault, his superior officer while iu the execution of the duties of his rior officer, 
office; 

Fourth. Or gives any intelligence to, or holds or entertains any inter- intercourse 
course with, an enemy or rebel, without leave from the President, the with an enemy. 
Secretary of the Navy, the commander-in-chief of the fleet, the com- 
mander of the squadron, or, in case of a vessel acting singly, from his 
commanding officer; 

Fifth. Or receives any message or letter from an enemy or rebel, or, Messages from 
being aware of the unlawful reception of such message or letter, fails an enemy, 
to take the earliest opportunity to inform his superior or commanding 
officer thereof; 

Sixth. Or, in time of war, deserts or entices others to desert; [See §6 Desertion in 
1996-1993, Citizenship ; ] ' time of war. 

Seventh. Or, in time of war, deserts or betrays his trust, or entices or Deserting trust. 
aids others to desert or betray their trust ; 

Eighth. Or sleeps upon his watch; Sleeping on 

watch. 

Ninth. Or leaves his station before being regularly relieved ; Leaving sta- 

tion. 

Tenth. Or intentionally or willfully suffers any vessel of the Navy to Willful strand- 
be stranded, or run upon rocks or shoals, or improperly hazarded; or in § °. r in J ur F °* 
maliciously or willfully injures any vessel of the Navy, or any part of vessei# 
her tackle, armament, or equipment, whereby the safety of the vessel is 
hazarded or the lives of the crew exposed to danger; 

Eleventh. Or unlawfully sets on fire, or otherwise unlawfully destroys, Unlawful de- 
any public property not at the time in possession of an enemy, pirate, struction of pub- 
or rebel; ' lie property. 

Twelfth. Or strikes or attempts to strike the flag to au enemy or rebel, Striking flaj 
without proper authority, or, when engaged in battle, treacherously °V treacherously 
yields or pusillanimously cries for quarters ; yie ( lu "' 

Thirteenth. Or, in time of battle, displays cowardice, negligence, or Cowardice i n 
disaffection, or withdraws from or keeps out of danger to which he e " 
should expose himself; 

Fourteenth. Or, iu time of battle, deserts his duty or station, or entices . Deserting duty 
others to do so; in battle. 

Fifteenth. Or does not properly observe the orders of his commanding Neglecting or- 
officer, and use his utmost exertions to carry them into execution, when forbattle^^^ 6 
ordered to prepare for or join in, or when actually engaged in, battle, 
or while in sight of an enemy ; 

Sixteenth. Or, being in command of a fleet, squadron, or vessel acting Neglecting to 
singly, neglects, when an engagement is probable, or when an armed clear lor action, 
vessel of an enemy or rebel is in sight, to prepare and clear his ship or 
ships for action ; 

Seventeenth. Or does not. upon signal for battle, use his utmost exer- Neglecting to 
tions to join in battle ; gj 11 8i S nal for 

Eighteenth. Or fails to encourage, in his own person, his inferior offi- Failing to en- 
eera and men to fight courageously : courage the men 

Nineteenth. Or does not do his utmost to overtake and capture or f^w t0 seek 
destroy any vessel which it is his duty to encounter; encounter. 



16 

Failingto afford Twentieth. Or does not afford all practicable relief and assistance to 
relief in battle, vessels belonging to the United States or their allies when engaged in 
hattle. 

Spies. Art. 5. All persons who, in time of War, or of rebellion against the 

supreme authority of the United States, come or are found in the capa- 
city of spies, or who bring or deliver any seducing letter or message from 
an enemy or rebel, or endeavor to corrupt any person in the Navy to 
betray his trust, shall suffer death, or such other punishment as a court- 
martial may adjudge. 

Murder. Art. 6. If any person belonging to any public vessel of the United 

States commits the crime of murder without the territorial jurisdiction 
thereof, he may be tried by court-martial and punished with death. 

Imprisonment Art. 7. A naval court-martial may adjudge the punishment of im- 
lii a penitentiary. p r j sonnien t f or life, or for a stated term, at hard labor, in any case where 
it is authorized to adjudge the punishment of death ; and such sentences 
of imprisonment and hard labor maybe carried into execution in any 
prison or penitentiary under the control of the United States, or which 
the United States may be allowed, by the legislature of any State, to 
use ; and persons so imprisoned in the prison or penitentiary of any 
State or Territory shall be subject, in all respects, to the same discipline 
and treatment as convicts sentenced by the courts of the State or Terri- 
tory in which the same may be situated, 
ish ablest discre- Art. 8. Such punishment as a court-martial may adjudge may be in- 
tion of court-mar- Aicted on any person in the Navy — 
tial. 

Profanity, false- First. Who is guilty of profane swearing, falsehood, drunkenness* 

00 ' c " gambling, fraud, theft, or any other scandalous conduct tending to the 

destruction of good morals ; 

Cruelty. Second. Or is guilty of cruelty toward, or oppression or maltreatment 

of, any person subject to his orders ; 

Quarreling. Third. Or quarrels with, strikes, or assaults, or uses provoking or 

reproachful words, gestures, or menaces toward, any person in the 
Navy; 

Fomenting Fourth/ Or endeavors to foment quarrels between other persons i n the 
quarrels. Navy ; 

Duels. Fifth. Or sends or accepts a challenge to fight a duel or acts as a 

second in a duel ; 

Contempt o f Sixth. Or treats his superior officer with contempt, or is disrespectful 
superior, officer, to him in language or deportment, while in the execution of his office ; 

Combinations Seventh. Or joins in or abets any combination to weaken the lawful 
officer supeilor authority of, or lessen the respect due to, his commanding officer ; 

Mutinous Eighth. Or utters any seditious or mutinous words ; 
words. 

Neglect of or- Ninth. Or is negligent or careless in obeying orders, or culpably ineffi- 
^ ers - cient in the performance of duty ; 

Preventing de- Tenth. Or does not use his best exertions to prevent the unlawful 
struction of pub- destruction of public property by others ; 
he property. 

Negligent Eleventh. Or, through inattention or negligence, suffers any vessel of 
stranding. ^ e ]s[ av y ^ De stranded, or run upon a rock or shoal, or hazarded ; 

Negligence in Twelfth. Or, when attached to any vessel appointed as convoy to any 
convoy service, merchant or other vessels, fails diligently to perform his duty, or demands 
or exacts any compensation for his services, or maltreats the officers or 
crews of such merchant or other vessels ; 
Receiving arti- Thirteenth. Or takes, receives, or permits to be received, on board the 
cles for freight, vessel to which he is attached, any goods or merchandise, for freight, 
sale, or traffic, except gold, silver, or jewels, for freight or safe-keeping ; 
or demands or receives any compensation for the receipt or transporta- 
tion of any other article than gold, silver, or jewels, without authority 
from the President or Secretary of the Navy; 
False muster. Fourteenth. Or knowingly makes or signs, or aids, abets, directs, or 

procures the making or signing of, any false muster ; 
Waste of pub- Fifteenth. Or wastes any ammunition, provisions, or other public prop- 
lie property, &c. erty, or, having power to prevent it, knowingly permits such waste ; 

Plundering on Sixteenth. Or, when on shore, plunders, abuses, or maltreats any in- 
shore, habitant, or injures his property in any way ; 

Eefusingto ap- Seventeenth. Or refuses, or fails to use, his utmost exertions to detect, 
prehend offend- apprehend, and bring to punishment all offenders, or to aid all persons 
ers - appointed for that purpose; 

Refusing to re- Eighteenth. Or, when rated or acting as master-at-arms, refuses to 
eeive prisoners. rece j ve y^^ p r i SO ners as may be committed to his charge, cr, having 



17 

received them, sutlers them to escape, or dismisses them without orders 
from the proper authority : 

Nineteenth. Or is absent from his station or duty without leave, or Absence from 
after his leave has expired : duty without 

leave. 

Twentieth. Or violates or refuses obedience to auy lawful general Violating gen- 
order or regulation issued by the Secretary of the Navy; regulations. 8 ° r 

Twenty-first. Or, in time of peace, deserts or attempts to desert, or Desertion in 
aids and entices others to desert ; [See _$$ 1996-1998, Citizenship ] time of peace. 

Twenty-second. Or receives or entertains any deserter from any other Harboring de- 
vessel of the Navy, knowing him to be such, and does not, with all con- sei ' ters - 
veuient speed, give notice of such deserter to the commander of the 
vessel to which he belongs, or to the commander-in-chief, or to the com- 
mander of the squadron. 

Art. 9. Auy officer who absents himself from his command without Officer absent 
leave ma v. by the sentence of a court-martial, be reduced to the rating without leave 
of an ordinary seaman. ma >" be reduced - 

Art. 10. Any commissioned officer »f the Navy or Marine Corps who, Desertion by 
haviug tendered his resignation, quits his post or proper duties without resignation, 
leave. "and with intent to remain permanently absent therefrom, prior 
to due notice of the acceptance of such resignation, shall be deemed and 
punished as a deserter. 

Art. 11. No person in the naval service shall procure stores or other Dealing in sun- 
articles or supplies for. and dispose thereof to, the officers or enlisted JJJJJjJ,"™ P rivate 
meu on vessels of the Navy, or at navy -yards or naval stations, for his 
own account or benefit. 

Art. 12. No person connected with the Navy shall, uuder any pre- .Importing du- 
tense, import in a public vessel any article which is liable to the pay- p 1 ^ 1 ^ T | g d f m 
ment of duty. 

Art. 13. Distilled spirits shall be admitted on board of vessels of war Distilled spirits 
only upon the order and under the control of the medical officers of such oul y as medical 
vessels, and to be used only for medical purposes. stores. 

Art. 14. Fine and imprisonment, or such other punishment as a court- Certain crimes 
martial may adjudge, shall be inflicted upon any person in the naval £ f h fl ' aU rj aj ? ains * 
service of the United States — • States. ** * ° 

Who presents or causes to be presented to auy person in the civil, Presenting 
military, or naval service thereof, for approval or payment, any claim a se claims - 
against the United States or auy officer thereof, knowing such claim to 
be false or fraudulent ; or 

Who enters into any agreement or conspiracy to defraud the United Agreement to 
States by obtaining, or aiding others to obtain, the allowance or pay- of Mse c?auns? n 
ment of auy false or fraudulent claim ; or 

Who, for the purpose of obtaining, or aiding others to obtain, the False papers. 
approval, allowance, or payment of any claim against the United States 
or against any officer thereof, makes or uses, or procures or advises the 
making or use of, any writing, or other paper, knowing the same to 
contain any false or fraudulent statement ; or 

Who, for the purpose of obtaining, or aiding others to obtain, the Perjury, 
approval, allowance, or payment of any claim against the United States 
or any officer thereof, makes, or procures or advises the making of, any 
oath to auy fact or to any writing or other paper, knowing such oath to 
be false ; or 

Who, for the purpose of obtaining, or aiding others to obtain, the Forgery, 
approval, allowance, or payment of any claim against the United States 
or any officer thereof, forges or counterfeits, or procures or advises the 
forging or counterfeiting of, any signature upon any writing or other 
paper, or uses, or procures or advises the use of, any such signature, 
knowing the same to be forged or counterfeited ; or 

Who, having charge, possession, custody, or control of auy money or Delivering less 
other property of the United States, furnished or intended for the naval ^fpfcallsfor "* 
service thereof, knowingly delivers, or causes to be delivered, to any 
person having authority to receive the same, any amount thereof less 
than that for which he receives a certificate or receipt; or 

Who, being authorized to make or deliver any paper certifying the Givingreceipta 
receipt of any money or other property of the United States, furnished without Knowing 
or intended for the naval service thereof, makes, or delivers to any per- ru ° ' 
son. such writing, without having full knowledge of the truth of the 
statements therein contained, and with intent to defraud the United 
States : or 



a n l 



18 

Stealing.wrong- Who steals, embezzles, knowingly and willfully misappropriates, ap- 
fully belling, &c. pj j es to j^g own lise or benefit, or wrongfully and knowingly sells or dis- 
poses of any ordnance, arms, equipments, ammunition, clothing, subsis- 
tence stores, money or other property of the United States, furnished or 
intended for the military or naval service thereof; or 
Buying public Who knowingly purchases, or receives in pledge for any obligation 
military prop- Qr j n flebtedness, from any other person who is a part of or employed in 
said service, any ordnance, arms, equipments, ammunition, clothing, 
subsistence stores, or other property of the United States, such other 
person not having lawful right to sell or pledge the same ; or 

Who executes, attempts, or countenances any other fraud against the 
United States. 

And if any person, being guilty of any of the offenses described in 
this article while in the naval service, receives his discharge, or is dis- 
missed from the service, he shall -continue to be liable to be arrested 
, and held for trial and sentence by a court-martial, in the same manner 
and to the same extent as if he had not received such discharge nor 
been dismissed. [See Articles 15, -16, and 17 under Prize.] 
Eeturningfugi- Art. 18. If any officer or person in the naval service employs any of 
tives from s^v-^jjg f orces under his command for the purpose of returning any fugitive 
from service or labor, he shall be dismissed from the service. 
Enlisting de- Art. 19. Any officer who knowingly enlists into the naval service 
&Ct ' ' any deserter from the naval or military service of the United States, or 

any insane or intoxicated person, or any minor between the ages of six- 
teen and eighteen years, without the consent of his parents or guard- 
ian, or any minor under the age of sixteen years, shall be dishonorably 
dismissed from the service of the United States. [See §§ 1418, 1419, 
Seamen, Navy.] 
Duties of com- Art. 20. Everv commanding officer of a vessel in the Navy shall obey 
manding officers. the following rules : 

Men received First. Whenever a man enters on board, the commanding officer shall 
on board. cause an accurate entry to be made in the ship's books, showing his 

name, the date, place, and term of his enlistment, the place or vessel 
from which he was received on board, his rating, his descriptive list, his 
age, place of birth, and citizenship, with such remarks as may be neces- 
sary. 
List of officers, Second. He shall, before sailing, transmit to the Secretary of the 
men, and passen- Navy a complete list of the rated men under his command, showing the 
gers * particulars set forth in rule one, and a list of officers and passengers, 

showing the date of their entering. And he shall cause similar lists to 
be made out on the first day of every third month and transmitted to 
the Secretary of the Navy as opportunities occur, accounting therein for 
any casualty which may have happened since the last list. 
Deaths and de- Third. He shall cause to be accurately minuted on the ship's books 
the names of any persons dying or deserting, aud the times at which 
such death or desertion occurs. 
Property of de- Fourth. In case of the death of any officer, man, or passenger on said 
cease persons. vesse L ^ e g^aH take care that the paymaster secures all the property 
of the deceased, for the benefit of his legal representatives. 
Accounts of Fifth. He shall not receive on board any man transferred from any other 
men received. vessel or station to him, unless such man is furnished with an account, 
signed by the captain and paymaster of the vessel or station from which 
he came, specifying the date of his entry on said vessel or at said sta- 
tion, the period and term of his service, the sums paid him, the balance 
due him, the quality in which he was rated, and his descriptive list. 
Accounts o f Sixth. He shall, whenever officers or men are sent from his ship, for 
men sent from whatever cause, take care that each man is furnished with a complete 
6 s ip " statement of his account, specifying the date of his enlistment, the 

period and term of his service, and his descriptive list. Said account 
shall be signed by the commanding officer aud paymaster. 
Inspection of Seventh. He shall cause frequent inspections to be made into the con- 
provisions, dition of the provisions on his ship, and use every precaution for their 
preservation. 
Health of crew. Eighth. He shall frequently consult with the surgeon in regard to the 
sanitary condition of his crew, and shall use all proper means to pre- 
serve their health. And he shall cause a convenient place to be set 
apart for sick or disabled men, to which he shall have them removed, 
with their hammocks and bedding, when the surgeon so advises, and 
shall direct that some of the crew attend them and keep the place clean. 



19 

Ninth. He shall attend in person, or appoint a proper officer to attend. Attendance at 
when his crew is finally paid off, to see that justice is done to the men flual payment of 
and to the United States in the settlement of the accounts. 

Tenth. He shall cause the articles for the government of the Navy to Articles for the 
he hung up in some public part of the ship and read once a month to" his government of 
s h i p ' s c o m p a n y . the Xa v - y - 

Every commanding officer who offends against the provisions of this Punishment for 
article shall he punished as a court-martial may direct. ottending against 

Art. 21. When the crew of any vessel of the Uuited States are sepa- Authority of 
rated from their vessel by means of her wreck, loss, or destruction, all °ffi cer s after loss 
the command and authority given to the officers of such vessel shall vessel - 
remain in full force until such ship's company shall he regularly dis- 
charged from or ordered again into service, or until a court-martial or 
court of inquiry shall he held to inquire into the loss of said vessel. 
And if any officer or man, after such wreck, loss, or destruction, acts 
contrary to the discipline of the Navy, he shall be punished as a court- 
martial may direct. 

ART. 2'2. All offenses committed by persons belonging to the Navy Offenses not 
which are not specified in the foregoing articles shall be punished as a s P ecined . 
court-martial may direct. 

Art. 23. All offenses committed by persons belonging to the Navy Offenses com- 
while on shore shall be punished in the same manner as if they had been mitted on shore, 
committed at sea. 

Art. 24. No commander of a vessel shall inflict upon a commfssioned Punishment by 
or warrant officer any other punishment than private reprimand, sus- °^ e commau 
pension from duty, arrest, or confinement, and such suspension, arrest, 
or confinement shall not contiuue longer than ten days, unless a further 
period is necessary to bring the offender to trial by a court-martial ; nor 
shall he inflict, or cause to be inflicted, upon any petty officer, or person 
of inferior rating, or marine, for a single offense, or at any one tirue, any 
other than one of the following punishments, namely: 

First. Redaction of any rating established by himself. 

Second. Confinement, with or without irons, single or double, not ex- 
ceeding ten days, unless further confinement be necessary, in the case 
of a prisoner to be tried by court-martial. 

Third. Solitary confinement, on bread and water, not exceeding five, 
days. 

Fourth. Solitary confinement not exceeding seven days. 

Fifth. Deprivation of liberty on shore. 

Sixth. Extra duties. 

No other punishment shall be permitted on board of vessels belonging" 
to the Navy, except by sentence of a general or summary court-martiaL 
All punishments inflicted by the commander, or by his order, except 
reprimands, shall be fully entered upon the ship's log. 

Art. 25. No officer who may command by accident, or iu the absence Punishment bv 
of the commanding officer, except when such commanding officer is officers tempor- 
absent for a time by leave, shall inflict any other punishment than con- ? ril y command- 
finement. [See articles 2(5 to 35 inclusive, under Courts-martial — ing - 
Summary.] 

Art. 36. No officer shall be dismissed from the naval service except by Dismissal of of- 
tbe order of the President or by sentence of a general court-martial ; and fleers, 
in time of peace no officer shall be dismissed except in pursuance of the 
sentence of a general court-martial or in mitigation thereof. 

Art. 37. When auy officer, dismissed by order of the President since Officer dis- 
3d March. 1865, makes, in writing, au application for trial, setting forth, mis8 ? d ^ the 
under oath that he has been wrongfully dismissed, the President shall, demand triaL * * 
as soon as the necessities of the service may permit, convene a court- 
martial to try such officer on the charges ou which he shall have been 
dismissed. And if such court-martial shall not be convened within six 
mouths from the presentation of such application for trial, or if such 
court, being convened, shall not award dismissal or death as the pun- 
ishment of such officer, the order of dismissal by the President shall be 
void." [See articles 38 to 54 inclusive, under Courts-martial— Gen- 
eral. See articles 55 to 60 inclusive, under Courts or INQUIRY.] 

et of June 2-2. 1^-74. under head of Dismissal, modifying the act of March 3, 
1865, on which this article is based and is tin- anbstance. 



20 



ARTIFICIAL LIMBS, &c. 



1176. Trusses, to whom furnished. 

1177. Applications for trusses. 

1178. Purchase of trusses. 

4787. Artificial limhs to be furnished every five 

years. 

4788. Commutation rates in money value for lirah, 

&c. 



Sec. 

4789. Money commutation, how paid. 

4790. Commutation to persons who cannot use ar- 

tificial limbs. 

4791. Transportation for persons to whom artifi- 

cial limbs are furnished. 

. Artificial limbs not to be supplied to certain 

pensioners. 



Title 14, Chap. 1. Sec. 1176. Every soldier of the Union. Army who was raptured while 
Trusses to^ n tne ^ ne °^ duty during the war for the suppression of the rebellion, 



whom furnished. 
Application for 



Trusses, 
chase of. 



pur- 



Title 57. 



is entitled to receive a single or double truss, of such style as may be 
designated by the Surgeon-General, as best suited for his disability. 

Sec. 1177. Application for such truss shall be made by the ruptured 
soldier, to an examining surgeon for pensions, whose duty it shall be to 
examine the applicant, and when found to have a rupture or hernia, to 
prepare and forward to the Surgeon-General an application for such truss 
without charge to the soldier. 

Sec. 1178. The Surgeon-General is authorized and directed to purchase 
the trusses required for such soldiers, at wholesale prices, and the cost of 
the same shall be paid upon the requisition of the Surgeon-General out 
of any moneys in the Treasury not otherwise appropriated. 

Sec. ^787. Every officer, soldier, seaman, and marine, who was dis- 
Artifi . , abled during the war for the suppression of the rebellion, in the mili- 
limbs, &c. ; °to be * ai T or naval service, and in the line of duty, or in consequence of 
furnished every wounds received or disease contracted therein, and who Avas furnished 
five years. by the War Department, since the seventeenth day of June, eighteen 

hundred and seventy, with an artificial limb or apparatus for resection, 
or who was entitled to receive such limb or apparatus since said date, 
shall be entitled to receive a new limb or apparatus at the expiration of 
every five years thereafter, under such regulations as have been or may 
be prescribed by the Surgeon-General of the Army. 
Commutation Sec. 4788. Every person entitled to the benefits of the preceding sec- 
rates in money tion may, if he so elects, receive, instead of such limb or apparatus, the 
value for limb, &o. money va ] ue thereof, at the following rates, namely : For artificial legs, 
seventy-five dollars ; for arms, fifty dollars ; for feet, fifty dollars ; for 
apparatus for resection, fifty dollars. 
Money com m it- Sec. 4789. The Surgeon-General shall certify to the Commissioner of 
tation, how to be Pensions a list of all soldiers who elect to receive money commutation in- 
P aic " stead of limbs or apparatus, with the amount due to each, and the Com- 

missioner of Pensions shall cause the same to be paid to such soldiers in 
the same manner as pensions are paid. 
Money commu- Sec. 4790. Every person in the military or naval service who lost a 
tation to those i[ m \) during: the war of the rebellion, but from the nature of his injury 
TrUficiS n°mb USe is not able "to use an artificial limb, shall be entitled to the benefits of 
section forty-seven hundred and eighty-eight, and shall receive money 
commutation as therein provided. 
Transportation Sec. 4791. The Secretary of War is authorized and directed to furnish 
fop persons to to the persons embraced by the provisions of section forty-seven hundred 
limbs 1 are fur .and eighty-seven, transportation to and from their homes and the place 
nished. where they may be required to go to obtain artificial limbs provided for 

them under authority of law. 

An act to increase pensions in certain cases. 

Be it enacled by the Senate and House of Representatives of the United 
States of America in Congress assembled, That all persons who are now 
Certain pen" entitled to pensions under existing laws and who have lost either an 
sions increased. arm a ^ or above the elbow, or a leg at or above the knee, shall be rated 
in the second class, and shall receive twenty-four dollars per month : 
Proviso. Provided, That no artificial limbs, or commutation therefor, shall be fur- 

nished to such persons as shall be entitled to pensions under this act. 

Sec. 2. That this act shall take effect from and after the fourth day of 
June, eighteen hundred and seventy-four. 
Approved, June 18, 1374. 



June 18, 1S74. 



21 

ASSIGNMENT OF WAGES. &C. 

For Assignment of Claims, see § 3477 under Claims. 
For Assignment of Prize oh Bounty, see § 4643 under Prize. 

See. 1576. Assignment of wages. 

Sec. 1576. Every assignment of wages due to persons enlisted in the Title^lS/Chap. S. 
naval service, and all powers of attorney, or other authority to draw, Assignments of 
receipt for, or transfer the same, shall he void, unless attested by the w «i°-es. s 
commanding officer and paymaster. The assignment of wages must 
specify the precise time when they commence.' 

ATTORNEYS AND AGENTS OF GOVERNMENT. 



Sec. 

ISO. Employment of attorneys or counsel. 
1550. Agents to disburse money abroad. 



Sec. 
1783. Persons interested not to act as agents of the 

Government. 
3614. Bond of special agents. 



Sec. 189. Ne head of a Department shall employ attorneys or counsel Title 4. 
at the expense of the United States ; but when in need of counsel or Employment of 
advice, shall call upon the Department of Justice, the officers of which attorneys or 
shall attend to the same. [See §§ 364, 365, Department of Justice.] counsel. 

Sec. 1550. Xo persou shall be employed or continued abroad, to receive Title 15, Chap. 7. 

and pay money for the use of the naval service on foreign stations, — ; 

whether under" contract or otherwise, who has not been, or shall not be, - p 



appoi 



uted bv and with the advice and consent of the Senate. 



of persons to dis- 
burse money on 
foreign stations. 

Sec. 1763. Xo officer or agent of any banking or other commercial Title 19. 

corporation, and no member of any mercantile or trading firm, or person ~r ~ — 

directly or indirectly interested in the pecuniary profits or contracts of es ted^not to* act 

such corporation or firm, shall be employed or shall act as an officer or as agents of the 

agent of the United States for the transaction of business with such Government. 

corporation or firm ; and every such officer, agent, or member, or person, 

so interested, Avho so acts, shall be imprisoned not more than two years, 

and fined -not more than two thousand dollars nor less than five hundred 

dollars. 



Sec. 3614. "Whenever it becomes necessary for the head of any Depart- Title 40. 
meut or office to employ special agents, other than officers of the Army -o on( j of ST)ec - i 
or Navy, who may be charged with the disbursement of public moneys, agents, 
such agents shall, before entering u An duty, give bond in such form 
and with such security as the head oJTthe Department or office employ- 
ing them may approve. 



AUTHENTICATED DOCUMENTS AND TRANSCRIPTS. 

See Evidence. 

BIENNIAL REGISTER, 



Sec. 

510. Preparation of. 

511. Distribution. 



Sec. 

. Number to be printed. 



Sec. 510. As soon as practicable after the last clay of September in Title tl,Chap.l7. 
each year in which a new Congress is to assemble, a register shall be p renara tion of 
compiled and printed under the direction of the Secretary of the Inte- Biennial Regis- 
rior, of which seven hundred and fifty copies shall be published, and ter. 
which shall contain the following lists, made up to such last day of Sep- 
tember : 

1. Correct lists of all the officers, clerks, employds, and agents, civil, 
military, and naval, in the service of the United States, including cadets 
and midshipmen, which lists shall exhibit the amount of compensation, 
pay, and emoluments allowed to each, the State or country in which he 
was born, tin- State or Territory from which he was appointed to office, 
and where employed. 

2. A list of the names, force, and condition of all the ships and vessels 
belonging to the United States, and when and where built. 



22 

3. Lists of all printers of the laws of the United States, and of all 
printers employed by Congress or by any Department or officer of the 
Government, during the two years preceding the last day of September 
up to which such list is required to be made, with the compensation 
allowed to each, and designating the Department or officer causing the 
printing to be executed. 

4. A statement of all allowances made by the Postmaster-General, 
within the same period of two years, to each contractor on contracts 
for carrying the mail, discriminating the sum paid as stipulated by the 
original contract and the sums paid as additional allowance. 

Distribution of g EC# §n t Qn the first Monday in January, in each year when a new 
gonial Begis- Congress is assembled, there shall be delivered to the President, the 
Vice-President, each head of a Department, each member of the Senate 
and House of Representatives, one copy of the Biennial Register ; to the 
Secretary of the Senate and the Clerk of the House of Representatives, 
ten copies each, for the use of the respective Houses ; to the Library of 
Congress, twenty-five copies ; and to the secretary of state of each State, 
one copy ; and the residue of the copies shall be disposed of as Congress 
shall, from time to time, direct. 

An act in relation to the printing of the Biennial Begister, commonly called the Blue 

Book. 

January 2 3, Be it enacted by the Senate and House of Eepresentatives of the United 

*$**• States of America in Congress assembled, That in lieu of the number of 

Biennial Be °is- copies of the Biennial Register now authorized bylaw to be printed, 
ter, number* of the Secretary of the Interior be, and he is hereby, directed to cause to 
copies to be print- be printed fifteen hundred copies of the said work. 

Approved, January 23, 1874. 



BOATSWAINS. 

See Warrant Officers. 



BOUNTY-LANDS— BOUNTY, &c. 



Sec. 

2032. Bounty-laws to remain in force. 

2414. Military bounty-land warrants and loca- 

tions assignable. 

2415. Warrants located at $1.25; excess paid in 

casb. 

2416. Claims for bounty-lands in virtue of certain 

acts named, &c. 

2417. Same subject. 

2418. Bounty-lands for soldiers in certain wars. 

2419. Certain classes of persons in tbe Mexican 

war, tbeir widows, &c, entitled to forty 
acres. 

2420. Militia and volunteers in service since 1812. 

2421. Persons entitled under preceding ssctions. 

2422. Period of captivity added to actual service. 

2423. "Warrant and patent, to issue wben. 

2424. "Widows of persons entitled. 

2425. Additional bounty-lands, <fcc. 

2426. Classes under last section specified. 



See. 

2427. What classes of persons entitled. under sec- 
tion 2425,without regard tolengthof service. 

2128. "Widows and cbildren of persons entitled 
under section 2425. 

2429. Subsequent marriage of widow. 

2430. Minors under section 2423. 

2431. Proof of service. 

2432. Former evidence of right to bounty-land to 
f be received in certain cases. 

2433. Allowance of time of service for distance 
from borne to place of muster or discbarge. 

2438. Deserters not entitled to bounty-land. 

2439. Lost warrants, provisions for. 

2440. Discharges, omissions, and loss of, provided 

for. 

2441. New warrant issued in lieu of lost warrant. 
4635. Bounty for persons captured on enemy's ves- 
sels. 

. Appropriation to pay bounties. 



Title 27. Sec. 2032. All laws and parts of laws pertaining to the collection aud 

Bounty-laws to P a y men t °* bounty, prize money and other legitimate claims of colored 
remain in force, soldiers, sailors, and marines, or their heirs shall remain in force until 
otherwise ordered by Congress. [See March 3. 1875, post.~\ 



Title32,Chap.lO. Sec. 2414. All warrants for military bounty-lands which have been or 
Military boun- ma 7 hereafter be issued under any law of the United States, and all 
ty-land warrants valid locations of the same which have been or may hereafter be made, 
and locations as- are declared to be assignable by deed or instrument of writing, made 
signable. an(1 executed according to such form and pursuant to such regulations 

as may be prescribed by the Commissioner of the General Land-Office, 

so as t vest the assignee with all the rights of the original owner of 

the warrant or location. 
Warrants lo- g EC . 2415. The warrants which* have been or may hereafter be issued 
excess a paid in * n P ursuance of law may be located according to the legal subdivisions 
cash. of the public lands in one body upon any lands of the United States 

subject to private entry at the time of such location at the minimum 



23 

price. When such warrant is located on lands which are subject to entry 
at a greater minimum than one dollar and twenty-five cents per acre, the 
locator shall pay to the United States in cash the difference between the 
value of such warrants at one dollar and twenty-five cents per acre aud 
the tract of land located on. But where such tract is rated at one dollar 
aud twenty-live cents per acre, and does not exceed the area specified in 
the warrant, it must be taken in fall satisfaction thereof. 

Sec. '2416. In all cases of warrauts for bounty-lands, issued by virtue Claim s for 
of an act approved July twenty-seven, one thousand eight hundred and bounty-lands in 
forty-two, and of two acts approved January tweuty-seven, one thousand Icts^amed^c" 1 
eight hundred aud thirty-five, therein and thereby revised, and of two 
acts to The same intent, respectively, approved June twenty-six, eighteeu 
hundred and forty-eight, aud February eight, eighteen hundred aud fifty- 
four, for military services in the revolutionary war, or iu the war of 
eighteen hundred aud twelve with Great Britain, w^hich remained un- 
satisfied on the second day of July, eighteen huudred aud sixty-four, 
it is lawful for the person in whose name such warrant issued, his heirs 
or legal representatives, to enter in quarter-sections, at the proper local 
land-office in any of the States or Territories, the quantity of the public 
lands subject to private entry which he is entitled to under such war- 
rant. 

Sec. "2417. All warrants for bounty-lands referred to in the preceding Same subject, 
section may be located at any time, in conformity with the general laws 
iu force at the time of such location. 

Sec. 2418. Each of the surviving, or the widow or minor children of Bounty-lands 
deceased commissioned aud uou-commissioned officers, musicians, or for soldiers in 
privates, whether of regulars, volunteers, rangers, or militia, who per- certain ^ars. 
formed military service iu any regiment, company, or detachment, in 
the service of the United States, in the war with Great Britain, de- 
clared on the eighteenth day of June, eighteen hundred and twelve, or 
iu any of the Indian wars siuce seventeen hundred and ninety, and 
prior to the third of March, eighteeu hundred and fifty, and each of the 
commissioned officers who was engaged in the military service of the 
United States in the war with Mexico, shall be entitled to lands as fol- 
lows : Those who engaged to serve twelve mouths or during the war, 
and actually served nine months, shall receive one hundred and sixty 
acres, and those who engaged to serve six mouths, and actually served 
four months, shall receive eighty acres, and those who engaged to serve 
for any or an indefinite period, and actually served one month, shall 
receive forty acres; but wherever any officer or soldier was honorably 
discharged in consequence of disability contracted in the service, be- 
fore the expiration of his period of service, he shall receive the amount 
to -which he would have been entitled if he had served the full period 
for which he had engaged to serve. All the persons enumerated in this 
section who eulisted in the Regular Army, or were mustered in any 
volunteer company for a period of not less than twelve mouths, and 
who served in the war with Mexico and received an honorable discharge, 
or who were killed or died of wounds received or sickness incurred 
in the course of such service, or were discharged before the expiration 
of the term of service in consequence of wounds received or sickness 
incurred in the course of such service, shall be entitled to receive a cer- 
tificate or warrant for one hundred and sixty acres of land: or at option 
Treasury scrip for one huudred dollars bearing interest at six per cent, 
per annum, payable semi-annually, at the pleasure of the Government. 
In the event of the death of any one of the persons mentioned iu this 
section during service, or after his discharge, and before the issuing of 
a certificate or warrant, the warrant or scrip shall be issued in favor of 
his family or relatives ; first, to the widow and his children ; second, his 
father; third, his mother; fourth, his brothers and sisters. 

SEC. 2419. The persous enumerated in the preceding section received Certain classes 
into service after the commencement of the war with Mexico, for less of persons in the 
than twelve months, and who served such term, or were honorably dis- r^ 6 * 10 '"" 1 } w & r ' 
charged, are entitled to receive a certificate or warrant for forty acres, entitled tcTforty 
or scrip for twenty-five dollars if preferred, and in the event of the acres, 
death of such person during service, or after honorable discharge before 
the eleventh of February, eighteen hundred and forty-seven, the warrant 
or scrip shall issue to the wife, child, or children, if there be any, and if 
none, to the father, aud if no father, to the mother of such soldier. 



24 

Militia and vol- Sec. 2420. Where the militia, or volunteers, or State troops of any 
since ill? 8erV1CB State or Territory, subsequent to the eighteenth day of June, eighteen 
hundred and twelve, and prior to March twenty-second, eighteen hundred 
and fifty-two, were called into service, the officers and soldiers thereof 
shall be entitled to all the benefits of section two thousand four hundred 
and eighteen upon proof of length of service as therein required. 
Persons not en- g ECi 2421. No person shall take any benefit under the provisions of the 
cedina- U S ectfons. e three preceding sections, if he has received, or is entitled to receive, 
any military land-bounty under any act of CoDgress passed prior to 
the twenty-second March, eighteen hundred and fifty-two. 
Period of cap- Sec. 2422. The period during which any officer or soldier remained 
actual service. ° * n captivity with the enemy shall be estimated and added to the period 
of his actual service, and the person so. retained iu captivity shall 
receive land under the provisions of sections twenty-four hundred and 
eighteen and twenty-four hundred and twenty, in the same manner that 
he would be entitled in case he had entered the service for the whole 
term made up by the addition of the time of his captivity, and had 
served during such term. 
"Warrant and Sec. 2423. Every person for whom provision is made by sections 
patent to issue, twenty-four hundred and eighteen and twenty-four hundred and twenty 
shall receive a warrant from the Department of the Interior for the- 
quantity of land to which he is entitled ; and, upon the return of such 
warrant, with evidence of the location thereof having been legally 
made to the General Land-Office, a patent shall be issued therefor. 
Wld ntitled Per ^ EC * ^424. In the event of the death of any person, for whom provis- 
ion is made by sections twenty-four hundred and eighteen and twenty- 
four hundred and twenty, and who did not receive bounty-land for his 
services, a like warrant shall issue in favor of his widow, who shall be 
entitled to one hundred and sixty acres of land in case her husband 
was killed in battle; nor shall a subsequent marriage impair the right 
of any widow to such warrant, if she be a widow at the time of making 
her application. 
Additional Sec. 2425. Each of the surviving persons specified in the classes enu- 
bounty-lands, &.c. rnerated in the following section, who has served for a period of not less 
than fourteen days, in any of the wars iu which the United States have 
been engaged since the year seventeen hundred and ninety, and prior to 
the third day of March, eighteen hundred and fifty-five, shall be entitled 
to receive a warrant from the Department of the Interior, for one hun- 
dred and sixty acres of land ; and, where any person so entitled has, prior 
to the third day of March, eighteen hundred and fifty -five, received a 
warrant for any number of acres less than one hundred aud sixty, he 
shall be allowed a warrant for such quantity of land only as will make,, 
in the whole, with what he may have received prior to that date, one- 
hundred and sixty acres. 
Classes under Sec. 2426. The classes of persons embraced as beneficiaries under the 
last section spec- preceding section, are as follows, namely : 

First. Commissioned and non-commissioned officers, musicians, and 
privates, whether of the regulars, volunteers, rangers, or militia, who 
were regularly mustered into the service of the United States. 

Second. Commissioned and non-commissioned officers, seamen, ordi- 
nary seamen, flotilla-men, marines, clerks, and landsmen in the Navy. 

Third. Militia, volunteers, and State troops of any State or Territory, 
called into military service, and regularly mustered therein, and whose 
services have been paid by the United States. 

Fourth. Wagon-masters and teamsters who have been employed under 
the direction of competent authority, in time of war, in the transporta- 
tion of military stores and supplies. 

Fifth. Officers and soldiers of the revolutionary war, and marines, 
seamen, and other persons in the naval service of the United States- 
during that war. 

Sixth. Chaplains who served with the Army. 

Seventh. Volunteers who served with the armed forces of the United 
States in any of the wars mentioned, subject to military orders, whether 
regularly mustered into the service of the United States or not. 
What classes of Sec. 2427. The following class of persons are included as beneficiaries- 
persons are en- under section twenty-four hundred and twenty-five, without regard to- 
SX 2 T— »e length of service rendered. 

regard to length First. Any of the classes of persons mentioned m section twenty-four 

of service. hundred and twenty-six who have been actually engaged in any battle in 

any of the wars in which this country has been engaged since seventeen* 



25 

hundred and ninety, and prior to March third, eighteen hundred and 
fifty-rive. 

Second. Those volunteers who served at the invasion of Plattsburgh, 
in September, eighteen hundred arjd fourteen. 

Third. The volunteers who served at the battle of King's Mountain, 
in the revolutionary war. 

Fourth. The volunteers who served at the battle of Nickojack against 
the confederate savages of the South. 

Fifth. The volunteers who served at the attack on Lewistown, in Dela- 
ware, by the British fleet, in the war of eighteen hundred and twelve. 

Sec. 2428. In the event of the death of auy person who would be widows and 
entitled to a warrant, as provided in section twenty-four hundred and children of per- 
twenty-five, leaviug a widow, or, if no widow, a minor child, such widow s° ns ^J^ 16 ^^ 11 " 
or such miner child shall receive a warrant for the same quantity of land section 2 25. 
that the decedent would be entitled to receive, if liviug on the third day 
of March, eighteen hundred and fifty-five. 

SEC. 2429. A subsequent marriage shall not impair the right of any Subsequent 
widow, under the preceding section, if she be a widow at the time of marriage of 
t i ■ • ° ' ' widow, 

her application. 

Sec. 2430. Persons within the age of twenty-one years on the third Minors under 
day of March, eighteen hundred and fifty-five, shall be considered section 2428. 
minors within the intent of section twenty-four hundred and twenty- 
eight. 

Sec. 2431. Where no record evidence of the service for which a war- Proof of serv- 
raut is claimed exists, parol evidence maybe admitted to prove the ice - 
service performed, under such regulations as the Commissioner of Pen- 
sions may prescribe. 

Sec. 2432. Where certificate or a warrant for bounty-land for any less Former e vi- 
quantity than one hundred and sixty acres has been issued to any officer dence of right to 
or soldier, or to the widow or minor child of auy officer or soldier, the rec^iVed^n cer° 
evidence upon which such certificate or warrant w r as issued shall be tain cases. 
received to establish the service of such officer or soldier in the applica- 
tion of himself, or of his widow or minor child, for a warrant for so much 
land as may be required to make up the full sum of one hundred and 
sixty acres, to which he may be entitled under the preceding section, on 
proof of the identity of such officer or soldier, or, in case of his death, of 
the marriage and identity of his widow, or, in case of her death, of the 
identity of his minor child. But if, upon a review of such evidence, the 
Commissioner of Pensions is not satisfied that the former warrant was 
properly granted, he may require additional evidence, as well of the 
term as of the fact of service. 

Sec. 2433. When any company, battalion, or regiment, in an organ- Allowance of 
ized form, marched more than twenty miles to the place where they were j? me .. of service 
mustered into the service of the United States, or were discharged more home 8 to U p?ace°of 
thau twenty miles from the place where such company, battalion, or muster or dis- 
regiment was organized, in all such cases, in computing the length of charge, 
service of the officers and soldiers of any such company, battalion, or 
regiment, there shall be allowed one day for every twenty miles from 
the place where the company, battalion, or regiment was organized to 
the place where the same was mustered into the service of the United 
States, and one day for every twenty miles from the place where such 
company, battalion, or regiment was discharged, to the place w r here it 
was organized, and from whence it marched to enter the service, pro- 
vided that such march was in obedience to the command or direction of 
the President, or some general officer of the United States, command- 
ing an army or department, or the chief executive officer of the State or 
Territory by which such company, battalion, or regiment was called 
into service. 

Sec. 2438. No person who has been in the military service of the Deserters not 
United States shall, in any case, receive a bounty-land warrant if it entitled to boun- 
appears by the muster-rolls of his regiment or corps that he deserted r ty ' land * 
was dishonorably discharged from service. 

Sec. 2439. When a soldier of the Regular Army, who has obtained a Lost warrants, 
military land-warrant, loses the same, or such warrant is destroyed by provisions for. 
accident, he shall, upon proof thereof to the satisfaction of the Secretary 
of the Interior, be entitled to a patent in like manner as if the warrant 
was produced. 

Sec. 2440. In all cases of discharge from the military service of the Discharges,. 
United States of any soldier of the Regular Army, when it appears to the omissions, and 
satisfaction of the Secretary of War that a certificate of faithful services gj* ot - P r0Vlded 



26 

has been omitted by the neglect of the discharging officer, by miscon- 
struction of the law, or by any other neglect or casualty, such omission 
shall not prevent the issuing of the warrant and patent as in other cases. 
And when it is proved that any soldier of the Regular Army has lost his 
discharge and certificate of faithful service, the Secretary of War shall 
cause such papers to be furnished such soldier as will entitle him to his 
land- warrant and patent, provided such measure is justified by the time 
of his enlistment, the period of service, and the report of some officer of 
the corps to which he was attached. 
Xew warrant Sec. 2441. Whenever it appears that any certificate or warrant, issued 
issued in lieu of | n pursuance of any law granting bounty-land, has been lost or destroyed, 
whether the same has been sold and assigned by the warrantee or not, 
the Secretary of the Interior is required to cause a new certificate or 
warrant of like tenor to be issued in lieu thereof; which now certificate 
or warrant may be assigned, located, and patented in like manner as 
other certificates or warrants for bounty-land are now authorized by 
law to be assigned, located, and patented; and in all cases where war- 
rants have been, or may be, re-issued, the original warrant, in whose- 
ever hands it may be, shall be deemed and held to be null and void, and 
the assignment thereof, if any there be, fraudulent ; and no patent shall 
ever issue for any land located therewith, unless such presumption of 
fraud in the assignment be removed by due proof that the same was 
executed by the warrantee in good faith and for a valuable consideration. 
Sec. 4635. Bounty for persons captured on enemy's vessels. [See 
under Prize.] 

APPROPRIATION. 

March 3, 1875. For collection and payment of bounty, prize money and other claims 
~^ 7 . of colored soldiers and sailors ; salaries of agents and clerks ; rent of 

money! J &c , nZ of office ; fuel, lights, stationery, and similar necessaries; office furniture 
colored soldiers and repairs ; transportation of officers and agents, telegraphing and 
and sailors. postage, seventy-five thousand dollars. 

Bounties to For the payment of bounties to sailors and marines under existing 
sailors a n d laws, fifty thousand dollars, or so much thereof as may be necessary, 
marines. 

BEIBES, PBESENTS, &c. 

Sec. Sec. 

1546. Contributions for political purposes. 5450. Bribery of member of Congress. 

1781. Prohibition on taking, &c, b3 r Government 5451. Bribery of Government officers. 

officers. 5500. Member of Congress accepting bribe, &.c. 

1782. Taking compensation in matters to -which 5501. United States officer accepting bribe, &c. 

the fruited States is a party. : 5502. Forfeiture of office. 

1784. Presents to superiors. 

Title 15, Chap. 6. Sec. 1546. No officer or employe of the Government shall require or 
r , ., ... request any workingman in any navy-yard to contribute or pay any 
for political 1 pur S money for political purposes, nor shall any workingman be removed or 
poses. discharged for political opinion ; and any officer or employe" of the Gov- 

ernment who shall offend against the provisions of this section shall 
be dismissed from the service of the United States. 

Title 19. Sec. 1781. Every member of Congress or any officer or agent of the 

. . Government who, directly or indirectly, takes, receives, or agrees to 

npontakin^ com receive, any money, property, or other valuable consideration whatever, 
sideration ° for from any person for procuring, or aiding to procure, any contract, 
procuring; con- office, or" place, from the Government, or any Department thereof, or 
tracts, offices, &c. f rom auy f& cer of the United States, for any person whatever, or for 
giving any such contract, office, or place to any person whomsoever, 
and every person who, directly or indirectly, offers or agrees to give, 
or gives, or bestows any money, property, or other valuable considera- 
tion whatever, for the procuring or aiding to procure any such con- 
tract, office, or place, and every member of Congress who, directly or 
indirectly, takes, receives, or agrees to receive any money, property, or 
other valuable consideration whatever after his election as such member, 
for his attention to, services, action, vote, or decision on auy question, 
matter, cause, or proceeding which may then be pending, or may by 
law or under the Constitution be brought before him in his official 
capacity, or in his place as such member of Congress, shall be deemed 
guilty of a misdemeanor, and shall be imprisoned not more than two 
years and fined not more than ten thousand dollars. A.ud any such 



27 

contract or agreement may, at the option of the President, he declared 
absolutely nnll and void : and any member of Congress or officer con- 
victed of a violation of this section, shall, moreover, be disqualified from 
holding any office of honor, profit, or trust under the Government of the 
United States. 

Sec. 1782. No Senator, Representative, or Delegate, after his election Upon taking 
and during his continuance in office, and no head of a Department, or compensation in 
other officer or clerk in the employ of the Government, shall receive or {juned* Stales ia 
agree to receive any compensation whatever, directly or indirectly, for a party. 
any services rendered, or to be rendered, to any person, either by him- 
self or another, in relation to any proceeding, contract, claim, contro- 
versy, charge, accusation, arrest, or other matter or thing in which the 
United States is a party, or directly or indirectly interested, before 
any Department, court-martial, Bureau, officer, or any civil, military, or 
naval commission whatever. Every person offending against this sec- 
tion shall be deemed guilty of a misdemeanor, and shall be imprisoned 
not more than two years, and lined not more than ten thousand dollars, 
aud shall, moreover, by conviction therefor, be rendered forever there- 
after incapable of bidding any office of honor, trust, or profit under the 
Government of the United States. 

. 17S4. Xo officer, clerk, or employe in the United States Govern- Prohibition of 
nient employ shall at any time solicit contributions from other officers, contributions, 
clerks, or employes in the Government service for a gift or present to superiors. °'' ° 
those in a superior official position ; nor shall any such official or cler- 
ical superiors receive any gift or present offered or presented to them 
as a contribution from persons in Government employ receiving a less 
salary than themselves ; nor shall any officer or clerk make any dona- 
tion as a gift or present to any official superior. Every person who 
violates this section shall be summarily discharged from the Govern- 
ment employ. 

Sfx. 5450. Every person who promises, offers, gives, or causes or pro- Title 70, Chap. 5. 

cures to be promised, offered, or given, any money or other thing of ; 

value, or makes or tenders any contract, undertaking, obligation, gratu- Br , ilj ei p y r of 
ity, or security for the payment of money, or for the delivery or convey- ore ss. F ° ° U 
ance of auythiug of value, to any member of either House of Congress, ° 
either before or after such member has been qualified or has taken his 
seat, with iutent to influence his vote or decision on any question, mat- 
ter, cause, or proceeding which may be at any time pending in either 
House of Congress, or before any committee thereof, shall be fined not 
more than three times the amount of money or value of the thing so 
offered, promised, given, made, or tendered, or caused or procured to be 
so offered, promised, given, made, or tendered, and shall be, moreover, 
imprisoned not more than three years. 

Sec. 5451. Every person who promises, offers, or gives, or causes or Bribery of 'any 
procures to be promised, offered, or given, any money or other thing of United States 
value, or makes or tenders any contract, undertaking, obligation, gra- officers, 
tnity. or security for the payment of money, or for the delivery or con- 
veyance of anything of value, to auy officer of the United States, or to 
any person acting for or on behalf of the United States in auy official 
fuuctiou, under or by authority of any department or office of the Gov- 
ernment thereof, or to any officer or person acting for or on behalf of 
either House of Congress, or of any committee of either House, or both 
- tln-reof, with inteut to influence his decision or action on any 
question, matter, cause, or proceeding which may at any time be pend- 
ing, or which may by law be brought before him in his official capacity, 
or in his place of trust or profit, or with intent to influence him to com- 
mit or aid in committing, or to collude in, or allow, auy fraud, or make 
opportunity for the commission of any fraud, on the United States, or 
to induce him to do or omit to do any act in violation of his lawful duty, 
shall be punished as prescribed in the preceding section. 

.5500. Any member of either House of Congress who asks, Title 70, Chap. 6. 

accepts, or receives any money, or any promise, contract, undertaking, 

obligation, gratuity, or security for the payment of money, or for the Member of 
delivery or conveyance of anything of value, either before or after he-^IJfbe 5S£ ep 
has been qualified or has taken his seat as such member, with intent to ° 
have his vote or decision on any question, matter, cause, or proceeding 



28 

which may be at any time pending in either house, o? before any com- 
mittee thereof, influenced thereby, shall be punished by a fine not more 
than three times the amount asked, accepted, or received, and by im- 
prisonment not more than three years. [See § 5450.] 

"United States Sec. 5501. Every officer of the United States, and every person act- 
officer accepting [ n g for or on behalf of the United States, in any official capacity under 

nbe, -c. or ^ v i r tue of the authority of any department or office of the Govern- 

ment thereof; and every officer or person acting for or on behalf of 
either House of Congress, or of any committee of either House, or of 
both Houses thereof, who asks, accepts, or receives any money, or any 
contract, promise, undertaking, obligation, gratuity, or security for the 
payment of money, or for the delivery or conveyance of anything of 
value, with intent to have his decision or action on any question, mat- 
ter, cause, or proceeding which may, at any time, be pending, or which 
may be by law brought before him in his official capacity, or in his place 
of trust or profit, influenced thereby, shall be punished as prescribed in 
the preceding section. [See § 5498, under Claims.] 

Forfeiture of Sec. 5502. Every member, officer, or person, convicted under the pro- 
visions of the two preceding sections, who holds any place of profit or 
trust, shall forfeit his office or place; and shall thereafter be forever 
disqualified from holding any office of honor, trust, or profit under the 
United States. 



BUREAUS. 

See Department of the Navy. 

CADET MIDSHIPMEN AND CADET ENGINEERS. 

See Naval Academy. 

CAPTAINS IN THE NAVY. 

See Line Officers. 

CARPENTERS IN THE NAVY. 

See Warrant Officers. 

CEMETERIES— NxlTIONAL. 

Sec. I Sec. 

4877. Inclosures, headstones, &c. | 4878. Who may be buried in national cemeteries. 

Title 59, Chap. 6. Sec. 4877. In the arrangement of the national cemeteries established 

Inclosures ^ or *^ e ^mial of deceased soldiers and sailors, the Secretary of War is 

headstones, ami hereby directed to have the same inclosed with a good and substantial 

registers. ' stone or iron fence : and to cause each grave to be marked with a small 

headstone or block, which shall be of durable stone, and of such design 

and weight as shall keep it in place when set, and shall bear the name 

of the soldier and the name of his State inscribed thereon, when the 

same are known, and also with the number of the grave inscribed 

thereon, corresponding with the number opposite to the name of the 

party in a register of burials to be kept at each cemetery and at the 

office of the Quartermaster-General, which shall set forth the name, 

rank, company, regiment, and date of death of the officer or soldier ; or 

if these are unknown, it shall be so recorded. 

Who may be Sec. 4878. All soldiers, sailors, or marines, dying in the service of the 

buried in national United States, or dying in a destitute condition, after having been hon- 

cemetenes. orably discharged from the service, or who served during the late war, 

either in the regular or volunteer forces, may be buried in any national 

cemetery free of cost. The production of the honorable discharge of a 

deceased man shall be sufficient authority for the superintendent of an y 

cemetery to permit the interment. 



29 
CENTENNIAL EXHIBITION. 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A Proclamation. 

Invitation to other nations. I Engraving anil printing stock. 

Preparation of medals. I Participation of Executive Departments. 

Whereas by the act. of Congress approved March 3, 1871, providing Proclamation. 
for a National Celebration of the One Hundredth Anniversary of the p ream ^] e ' 
Independence of the United States, by the holding of an International lg71 ' , " 
Exhibition of Arts, Manufactures, aud Products of the Soil and Mine, svij p \^'o. ° 
in the city of Philadelphia, in the year eighteen hundred and seventy- 
six, it is provided as follows : 

"That whenever the President shall be .informed by the Governor of 
the State of Pennsylvania that provision has beeti made for the erection 
of suitable buildings for the purpose, aud for the exclusive control by 
the Commission herein provided for of the proposed Exhibition, the 
President shall, through the Department of State, make proclamation 
of the same, setting forth the time at which the Exhibition will open, 
and the place at which it will be held ; and he shall communicate to the 
Diplomatic Representatives of all nations copies of the same, together 
with such regulations as may be adopted by the Commissioners, for 
publication in their respective countries;" 

And whereas His Excellency the Governor of the said State of Penn- 
sylvania did. on the twenty-fourth day of June, 1873, inform me that 
provision has been made for the erection of said buildings and for the 
exclusive control by the Commission provided for in the said act of the 
proposed Exhibition ; 

And whereas the President of the United States Centennial Commis- 
sion has officially informed me of the dates fixed for the opening and 
closing of the said Exhibition, and the place at which it is to be held: 

Xow, therefore, be it known that I, Ulysses S. Grant, President of Centennial in- 
the United States, in conformity with the provisions of the Act of Con- ternational Exhi- 
gress aforesaid, do hereby declare aud proclaim that there will be held, ^eipTia^ from 
at the city of Philadelphia, in the State of Pennsylvania, an Inter- April 19 to Octo- 
national Exhibition of Arts, Manufactures, and Products of the Soil and her 19, 187G. 
Mine, to be opened on the nineteenth day of April, A. D. eighteen hun- 
dred and seventy-six, and to be closed on the nineteenth day of October, 
in the same year. 

Aud, in the interest of peace, civilization, and domestic and inter- Celebration and 
national friendship and intercourse, I commend the celebration and exhibition com- 
exhibition to the people of the United States; and, in behalf of this ™°J (lecl t0 aU na " 
Government and people, I cordially commend them to all nations who 10ns ' 
may be pleased to take part therein. 

In testimony whereof I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this third day of July, one thousand 
r I eight hundred and seventy-three, and of the Independence of 

L J the United States the ninety-seventh. 

U. S. GRANT. 

By the President : 

Hamilton Eish, 

Secretary of State. 

An act in relation to the Centennial Exhibition. 

Whereas, at various international exhibitions which have been held June 5, 1S74. 
in foreign countries, the United States have been represented in pursu- 
ance of invitations given by the governments of those countries, and 
accepted by our own Government, therefore, 

Be it enacted by the Senate and Souse of Representatives of the United Invitation to 
States of America in Congress assembled, That the President be requested forei .- n govern- 
to extend, in the name of the United States, a respectful and cordial S^'in Centen-" 
invitation to the governments of other nations, to be represented and nial Exhibition, 
take part in the international exposition to be held at Philadelphia, 
under the auspices of the Government of the United States, in the year 
eighteen hundred and seventy six: Provided, however, That the United U ?. ifc £ d States 
States -bull not be liable, directly or indirectly, for any expenses attend- Sensesof e^sT 
ing such exposition, or by reason of the same. lien. 

Approved. June .".. 1-7 J. 



Preamble. 



30 

An act to authorize medals commemorating the One hundredth anniversary of the 
first meeting of the Continental Congress, and of the Declaration of Independence. 

June 16, 1874. Be it enacted by the Senate and House of Representatives of the United 
Medals com- States of America in Congress assembled, That medals with appropriate 
memorating the devices, emblems, and inscriptions, commemorative of the Centennial 
one hundredth Anniversary of the Declaration of Independence he prepared at the 
anniversary o f Mint at Philadelphia for the Centennial Board of Finance subject to the 
independence. provisions of the fifty-second section of the Coinage act of eighteen hun- 
dred and seventy-three,* upon the payment of a sum not less than the 
cost thereof, and all the provisions whether penal or otherwise of said 
Protection coinage act against the counterfeiting or imitating of coins of the United 
against counter- States shall apply to the medals struck and issued under the provisions 
feits - of this act. 

Approved, Jane 16, 1874. 

Act making appropriations for sundry civil expenses. 
March 3, 1875. Sec. 1. * * * * * * * 

Encn-avino- and For engraving and printing certificates of Centennial stock for the 
printing Centen- International Exhibition to be held in the city of Philadelphia in the 
nial stock. year eighteen hundred and seventy-six, thirty thousand seven hundred 

Proviso. anc i fifty dollars: Provided, That that this appropriation shall not be 

construed as in any manner committing the Government of the United 
States to any other payment whatever to meet the expenses of said 
exhibition. 

* * N # # * * # 

Participation of Sec. 5. To enable the Executive Departments of the Government and 
pSments a^d ^ e Smithsonian Institution to participate in the International Exhibi- 
Smithsonian In- ^ on °* eighteen hundred and seventy-six, the following sums are hereby 
stitution in In- appropriated, namely : For the Interior Department, one hundred and 
ternational Exhi- fifteen thousaud dollars; for the Treasury Department, five thousand 
bition. dollars ; for the Post-Office Department, five thousand dollars ; for the 

Agricultural Department, fifty thousand dollars ; for the Smithsonian 
Institution, sixty-seven thousand dollars; for the United States Com- 
mission of Food-Fishes, five thousand dollars ; for the War Department, 
one hundred and thirty-three thousand dollars ; for the Navy Depart- 
ment, one hundred thousand dollars ; for show-cases, shelving, station- 
ery, postage, telegrams, expressage, and other necessary incidental ex- 
penses, twenty-five thousand dollars ; in all, five hundred and five 
thousand dollars; to be disbursed under the direction of the board on 
Executive Departments appointed in pursuance of the presidential order 
of January twenty-third, eighteen hundred and seventy-four. And au- 
thority is hereby given to the heads of the several Executive Depart- 
ments to display at the International Exhibition of eighteen hundred 
and seventy-six, under such conditions as they may prescribe, subject to 
the provisions of section seven of the act of June first, eighteen hundred 
and seventy-two, all such articles in store or under the control of said 
Departments as may be necessary or desirable to render such collection 
Proviso. complete and exhaustive: Provided, That should it become necessary to 

h ^id' e ^ ti0D ° f erect any building or part of a building for said exhibition, on the part 
ta " of the Government, the same shall be paid for, pro rata, out of the sums 

appropriated to the several Departments, the United States Commission 
of Food-Fishes and the Treasury and Post-Office Departments excepted, 
the cost of the building not to exceed one hundred and fifty thousand 
dollars ; and at the close of the exhibition, said building shall be sold 
and the proceeds covered into the Treasury as miscellaneous receipts : 
Proviso. And provided further, That the sums hereby appropriated shall cover the 

entire expense to which the United States Government shall be subjected 
on account of said exhibition, except the sum appropriated in this act 
for printing the certificates of stock of said exhibition ; and the board on 
Executive Departments is forbidden to expend any larger sum than is 
Limitation of set down herein for each Department, or to enter into any contract or 
expenditures. engagement that shall result in any such increased expenditure ; and no 
money shall be taken by any Department for the purposes of this exhi- 
bition as aforesaid from any other appropriations except the one hereby 
Proviso. made : And further provided, That of the sum hereby appropriated the 

sum of two hundred thousand dollars shall be immediately available. 
Approved, March 3, 1875. 

* See § 3551, under Coinage. 



31 
CHAPLAINS. 



Sec. 

1395. Number aud appointment of. 

1396. Qualifications of. 

1397. Form of worship. 



Sec. 

139?. Annual report. 

1470. Rank. 

155(i. Pay. 



Sec. 1395. There shall he in the Navy, for the puhlic armed vessels of Title 15, Chap. I. 
the United States in actual service not exceeding twenty-four chaplains, xiunber and 
who shall he appointed by the President with the advice and consent of appointment of. 
the Senate. 

Sec. 1396. A chaplain shall not he less than twenty-one nor more than Qualificatio n s 
thirty-live years of age at the time of his appointment. of - 

Sec. 1397. Every chaplain shall he permitted to conduct puhlic wor- Form of wor- 
ship according to the manner and forms of the church of which he may ship, 
he a mem her. 

Sec. 1398. Chaplains shall report annually to the Secretary of the Xavy Annual report. 
the official services performed by them. 

Sec. 1479. Chaplains shall have relative rauk as follows: Four, the Title 15, Chap. 4. 

relative rank of captain : seven, that of commander ; and not more than Rank 
seven, that of lieutenant-commander or lieutenant. 



Pav. 



Sec. 1556. Chaplains, during the first five years after date of commis- Title 15, Chap. S. 
sion, when at sea, two thousand five hundred dollars: on shore duty, 
two thousand dollars ; on leave, or waiting orders, one thousand sis 
hundred dollars; after five years from such date, when at sea, two 
thousand eight hundred dollars ; on shore duty, two thousand three 
hundred dollars ; on leave, or waiting orders, one thousand nine hundred 
dollars. 



CHECKS AND DRAFTS. 



sec. 

300. Allowance of lost checks. 

306. Liabilities oustanding three or more years. 

307. Vouchers for drafts remaining unpaid. 

308. Pavment upon presentation of outstanding 

drafts. 

309. Accounts of disbursing officers unchanged 

for three years. 



Sec. 

3645. Regulations for presenting drafts. 

3646. Duplicates for lost or stolen checks. 

3647. Duplicate check when officer who issued is 

dead. 
Exchange of funds restricted. 



3651 
3652 



Premium on sales of puhlic money to be ac- 
counted for. 



Sec. 300. Whenever the dishursing officer, or agent hy whom waslTltle 7, Chap. 4. 

issued anv check which has been lost, destroyed, or stolen, is dead, or *n__,^ „+• 
i " • ^.1 • x- 1.1 tt -. j ctA. j. A J- Allowance of 

no longer in the service ot the Lnited States, the proper accounting i ost checks. 

officer shall, under such regulations as the Secretary of the Treasury 

may prescribe, state an account in favor of the owner of such original 

check for the amount thereof, and charge such amount to the account of 

such officer or ajrent. 



Sec. 306. At the termination of each fiscal year all amounts of moneys Title 7, Chap. 5. 
that are represented by certificates, drafts, or checks, issued by the Liabilities out- 
Treasurer, or by any disbursing officer of any Department of the'Gov- standing three or 
eminent, upon the Treasurer or any assistant treasurer, or designated more years. 
depositary of the United States, or upon any national bank designated 
as a depositary of the United States, and which shall be represented on 
the books of either of such offices as standing to the credit of any dis- 
bursing officer, aud which were issued to facilitate the payment of war- 
rants, or for any other purpose in liquidation of a debt due from the 
United States, and which have for three years or more remained out- 
standing, unsatisfied, and unpaid, shall be deposited by the Treasurer, 
to be covered into the Treasury by warrant, and to be carried to the 
credit of the parties in whose favor such certificates, drafts, or checks 
were respectively issued, or to the persons who are entitled to receive 
pay therefor, and into an appropriation account to be denominated 
■• outstanding liabilities." 

Sec. 307. The certificate of the Register of the Treasury, stating that Vouchers fo r 
the amount of any draft issued by the Treasurer, to facilitate the pay- n£,paf/ emaming 
nient of a warrent directed to him for payment, has remained outstand- 
iug and unpaid for three years or more, and has been deposited and cov- 
ered into the Treasury in the manner prescribed by the preceding sec- 



32 

tiou, shall be, when attached to any such warrant, a sufficient voucher 
in satisfaction of any such warrant or part of any warrant, the same as 
if the drafts correctly indorsed aud fully satisfied were attached to such 
warrant or part of warrant. And all such moneys mentioned in this 
and in the preceding section shall remain as a permanent appropriation 
for the redemption and payment of all such outstanding and unpaid cer- 
tificates, drafts, and checks. 

preStation UP o f Sec - 303, The payee or the boQa - fide holder of any draft or check the 
outstanding amount of which has been deposited and covered into the Treasury 
drafts. pursuant to the preceding sections, shall, on presenting the same to the 

proper officer of the Treasury, be entitled to have it paid by the settle- 
ment of an account and the issuing of a warrant in his favor, accord- 
ing to the practice in other cases of authorized and liquidated claims 
against the United States. 
Accounts of Sec. 309. The amounts, except such as are provided for in section 
disbursing i offi- three hundred and six, of the accounts of every kind of disbursing 
for three vearf. e<1 °ffi cer > which shall have remained unchanged, or which shall not have 
been increased by any new deposit thereto, nor decreased by drafts 
drawn thereon, for the space of three years, shall in like manner be 
covered into the Treasury, to the proper appropriation to which they 
belong ; and the amounts thereof shall, on the certificate of the Treas- 
urer that such amount has been deposited in the Treasury, be credited 
by the proper accounting officer of the Department of the Treasury on 
the books of the Department, to the officer in whose name it had stood 
on the books of any agency of the Treasury, if it appears that he is 
entitled to such credit. 

Title 40. Sec. 3G45. It shall be the duty of the Secretary of the Treasury to 

— ^ TT reissue and publish regulations to enforce the speedy presentation of all 

Regulations for ^ *\ -, «, 9 . . .■, i i i i i ! 

presentment of Government draits, tor payment, at the place whore payable, aud to 
drafts. prescribe the time, according to the different distances of the deposi- 

taries from the seat of Government, within which all drafts upon them, 
respectively, shall be presented for payment ; and, in default of such 
X^resentation, to direct any other mode and place of payment which he 
may deem proper ; but, in all these regulations and directions, it shall 
be his duty to guard, as far as may be, against those drafts being used 
or thrown into circulation as a paper currency or a medium of exchange. 
[See § $ 5495, 5496. Embezzlement.] 
Duplicates for Sec. 3646. Whenever any original check is lost, stolen, or destroyed, 
lost or stolen disbursing officers and agents of the United States are authorized, after 
ized! or 'the expiration of six months, and within three years from the date of 

such check, to issue a duplicate check ; and the Treasurer, assistant 
treasurers, and designated depositaries of the United States are directed 
to pay such duplicate checks, upon notice and proof of the loss of the 
original checks, under such regulations in regard to their issue and pay- 
ment, and upon the execution of such bonds, with sureties, to indemnify 
the United States, as the Secretary of the Treasury shall prescribe. 
This section shall not apply to any check exceeding in amount the sum 
of one thousand dollars. 
Duplicate check Sec. 3647. In case the disbursing officer or agent by whom such lost, 
when officer who destroyed, or stolen original check was issued, is dead, or no longer in 
issued is dead. the 8ervice of the United States, it shall be the duty of the proper ac- 
counting officer, under such regulations as the Secretary of the Treasury 
shall prescribe, to state an account in favor of the owner of such original 
check for the amount thereof, and to charge such amount to the account 
of such officer or agent. 
Exchange of Sec. 3651. No exchange of funds shall be made by any disbursing 
funds restricted, officer or agent of the Government, of any grade or denomination what- 
soever, or connected with any branch of the public service, other than 
an exchange for gold, silver, United States notes, and national-bank 
notes ; and every such disbursing officer, when the means for his dis- 
bursements are furnished to him in gold, silver, United States notes, or 
national-bank notes, shall make his payments in the money so fur- 
nished ; or when they are furnished to him in drafts, shall cause those 
drafts to be presented at their place of payment, and properly paid ac- 
cording to law, and shall make his payments in the money so received for 
the drafts furnished, unless, in either case, he can exchange the means 
in his hands for gold and silver at par. And it shall be the duty of the 
head of the proper Department immediately to suspend from duty any dis- 



33 

Imrsing officer or assent who violates the provisions of this sectiou, aud 
forthwith to report the name of the officer or agent to the President, 
with the fact of the violation, aud all the circumstances accompanying 
the same, and within the knowledge of the Secretary, to the end that 
such officer or agent may be promptly removed from office, or restored 
to his trust aud the performance of his duties, as the President may 
deem just aud proper. 

Sec. 3652. No officer of the United States shall, either directly or in- Premiums on 
directly, sell or dispose of to any person, for a premium, auy Treasury sales of public 
note, draft, warrant, or other public security, not his private property, moneys to be ac- 
or sell or dispose of the avails or proceeds of such note, draft, warrant, coun ec 
or security, in his hands for disbursement, without making return of 
such premium, and accounting therefor by charging the same in his 
accounts to the credit of the United States; and auy officer violating 
this section shall be forthwith dismissed from office. 

CITIZENSHIP. 



1999. Who are citizens. 

1993. Citizenship of children of citizens burn 

abroad. 

1994. Citizenship of married women. 

1995. Of persons born in Oregon. 

1996. Rights as citizens forfeited for desertion, <fcc. 

1997. Certain soldiers and sailors not to incur the 

forfeitures of the last sectiou. 
199R Avoiding the draft. 

1999. Ei^ht of expatriation declared. 

2000. Protection to naturalized citizens in foreign 

states. 



Sec. 

2001. Release of citizens imprisoned by foreign 
ffovernment.8 to be demanded. 

5424. False personation, &c, in securing natural- 

ization. 

5425. Fsing false certificate of citizenship, &c. 

5426. Using false certificate, &c, as evidence of a 

right to vote. 

5427. Aiding or abetting violation of preceding sec- 

tions. 

5428. Falsely claiming citizenship. 

5429. Provisions applicable to all courts of natu- 

ralization. 



Sec. 1992. All persons born in the United States and not subject to Title 25. 
any foreign power, excluding Indians not taxed, are declared to be citi- \yh.o are citi- 
zeus of the United States. zens. 

Si:c. 1993. All children heretofore born or hereafter born out of the Citizenship of 
limits and jurisdiction of the United States, whose fathers were or may children of citi- 
be at the time of their birth citizens thereof, are declared to be citizens zens born abroa(L 
of the United States; but the rights of citizenship shall not descend to 
children whose fathers never resided in the United States. 

Skc. 1994. Any woman who is now or may hereafter be married to a Citizenship of 
citizen of the United States, aud who might herself be lawfully natural- married women. 
ized, shall be deemed a citizen. 

SKC. 1995. All persons born in the district of country formerly know r u Of persons born 
as the Territory of Oregon, and subject to the jurisdiction of the United iu Oregon. 
States on the 18th May, 1872, are citizens in the same manner as if born 
elsewhere in the United States. 

Sec. 1996. All persons who deserted the military or naval service of Rights as citi- 
the United States and did not return thereto or report themselves to a zens forfeited for 
provost-marshal within sixty days after the issuance of the proclamation eser 10n ' c ' 
by the President, dated the 11th day of March, 1865, are deemed to have 
voluntarily relinquished aud forfeited their rights of citizenship, as well 
as their right to become citizens ; and such deserters shall be forever in- 
capable of holding any office of trust or profit under the United States, 
or of exercising any rights of citizens thereof. 

Si:c. 1997. No soldier or sailor, however, who faithfully served accord- Certain soldiers 
ing to his enlistment until the 19th day of. April, 1865, and who, without and sailors not to 
proper authority or leave first obtained, quit his command or refused to ^S^of ^k^w" 
serve after that date, shall be held to be a deserter from the Army or section. ° aS 
Navy; but this section shall be construed solely as a removal of any 
disability such soldier or sailor may have incurred, under the preceding 
section, by the loss of citizenship and of the right to hold office, iu con- 
sequence of his desertion. 

. 1998. Every* person who hereafter deserts the military or naval Avoiding the 
service of the United States, or who, being duly enrolled, departs the draft, 
jurisdiction of the district in which he is enrolled, or goes beyond the 
limits of the United States, with intent to avoid any draft into the 

ilitary or naval service-, lawfully ordered, shall be liable to all the pen- . 



Right of expa- 



alties and forfeitures of section nineteen hundred and ninety-six. 

. 1999. Whereas the right of expatriation is a natural and inher- 
ent right of all people, indispensable to the enjoyment of the rights oftriation declared, 
life, liberty, and the pursuit of happiness J and whereas in the recognition 
3 N L 



34 

of this principle this Government has freely received emigrants from all 
nations, and. invested them with the rights of citizenship ; and whereas 
it is claimed that snch American citizens, with their descendants, are 
subjects of foreign states, owing allegiance to the governments thereof; 
and whereas it is necessary to the maintenance of public peace that this 
claim of foreign allegiance should be promptly and finally disavowed: 
Therefore any declaration, instruction, opinion, order, or decision of any 
officer of the United States which denies, restricts, impairs, or questions 
the right of expatriation, is declared inconsistent with the fundamental 
principles of the Republic. 
Protection to Sec. 2100. All naturalized citizens of the United States, while in for- 
naturalized citi- e jg n countries, are entitled to and shall receive from this Government 
states" 1 su the same protection of persons and property which is accorded to native- 

born citizens. 
Release of citi- g EC< gOOl. Whenever it is made known to the President that any citi- 
by nS ibrei"n S( gov- zen 0I the United States has been unjustly deprived of his liberty by or 
ernmeuts 5 to & be under the authority of any foreign government, it shall be the duty of 
demanded. the President forthwith to demand of that government the reasons of 

such imprisonment; and if it appears to be wrongful and in violation 
of the rights of American citizenship, the President shall forthwith 
demand the release of such citizen, and if the release so demanded is un- 
reasonably delayed or refused, the President shall use such means, not 
amounting to acts of war, as he may think necessary and proper to 
obtain or effectuate the release ; and all the facts and proceedings rela- 
tive thereto shall as soon as practicable be communicated by the Presi- 
dent to Congress. 

Title 70, Chap. 5. Sec. 5424. Every person applying to be admitted a citizen, or appear- 
False persona- * D £ as a witness for any such person, who knowingly personates any 
tion, &c, in pro- other person than himself, or falsely appears in the name of a deceased 
curing natural- person, or in an assumed or fictitious name, or falsely makes, forges, or 
ization. counterfeits any oath, notice, affidavit, certificate, order, record, signa- 

ture, or other instrument, paper, or proceeding required or authorized 
by any law relating to or providing for the naturalization of aliens; or 
who utters, sells, disposes of, or uses as true or genuine, or for any un- 
lawful purpose, any false, forged, ante-dated, or counterfeit oath, notice, 
certificate, order, record, signature, instrument, paper, or proceeding 
above specified ; or sells or disposes of to any person other than the per- 
son for whom it was originally issued any certificate of citizenship, or 
certificate showing any person to be admitted a citizen, shall be pun- 
ished by imprisonment at hard labor not less than one year, nor more 
than five years, or by a fine of not less than three hundred nor more than 
one thousand dollars, or by both such fine and imprisonment. 
Using false cer- Sec. 5425. Every person who uses, or attempts to use, or aids, or 
tificate of citizen- assists, or participates in the use of any certificate of citizenship, know- 
snip, &c. ^ D g t ^ e same ^ ue forged, or counterfeit, or ante-dated, or knowing the 
same to have been procured by fraud or otherwise unlawfully obtained ; 
or who, without lawful excuse, knowingly is possessed of any false, 
forged, ante-dated, or counterfeit certificate of citizenship, purporting 
to have been issued under the provisions ofnny law of the United States 
relating to naturalization, knowing such certificate to be false, forged, 
ante-dated, or counterfeit, with intent unlawfully to use the same; or 
obtains, accepts, or receives any certificate of citizenship known to such 
person to have been procured by fraud or by the use of any false name, 
or by means of any false statement made with intent to procure, or to 
aid in procuring, the issue of such certificate, or known to such person 
to be fraudulently altered or ante-dated ; and every person who has been 
or may be admitte . to be a citizen who, on oath or by affidavit, know- 
ingly denies that he has been so admitted, with intent to evade or avoid 
any duty or liability imposed or required by law, shall be imprisoned at 
hard labor not less than one year nor more than five years, or be fined 
not less than three hundred dollars nor more than one thousand dollars, 
or both such punishments may be imposed. 
Using false cer- Sec. 5426. Every person who in any manner uses for the purpose of 
tiflcate, &c, as registering as a voter, or as evidence of a right to vote, or otherwise, 
e ^ i {jA u c e ° ^ a unlawfully, any order, certificate of citizenship, or certificate, judgment, 
rig ttoTote. or exera p}jfi ca ti orjj showing any person to be admitted to be a citizen, 
whether heretofore or hereafter issued or made, knowing that such 
order or certificate, judgment, or exemplification has been unlawfully 
issued or made; and every person who unlawfully uses, or attempts to 



35 

use. any such order or certificate, issued to or iu the name of any other? 
person, or in a fictitious name, or the name of a deceased person, shall' 
he punished by imprisonment at hard lahor not less than one year nor 
more than five years, or by a fine of not less than three hundred nor 
more than one thousand dollars, or by both such fiue and imprisonment. 

Sec. 5427. Every person who knowingly and intentionally aids or 
abets auy persou in the commission of any felony denounced in the tine vfoLtionof 
three preceding sections, or attempts to do any act therein made felony, preceding sec- 
or counsels, advises, or procures, or attempts to procure, the commission tions. 
thereof, shall be punished in the same manner and to the same extent 
as the principal party. 

Sec. 542^. Every persou who knowingly uses any certificate of natu- , Falsely claiin- 
ralization heretofore granted by any court, or hereafter granted, which 1D » citizenship, 
has been or may he procured through fraud or by false evidence, or has 
been or may be issued by the clerk, or any other officer of the court 
without any appearance and hearing of the applicant in court and 
without lawful authority : and every person who falsely represents him- 
self to be a citizen of the United States, without having been duly ad- 
mitted to citizenship, for any fraudulent purpose whatever, shall be 
punishable by a fine of not more than one thousand dollars, or be im- 
prisoned not more than two years, or both. 

Sec. 54 - 29. The. provisions of the five preceding sections shall apply Provisions ap- 
to all proceedings had or taken, or attempted to be had or taken, before plicable to all 
any court in which any proceeding for naturalization may be commenced £^,i on ? natural " 
or attempted to be commenced. [See Q§ 2165-2174, Natltkalization.] 

CIVIL EXGIXEERS AKD KAVAL STORE-KEEPERS. 



1413. Civil engineers and store-keepers at navy- 

yards. 

1414. Store-keepers on foreign stations. 

1415. Stoie-keepei"s bond. 

143>. Urtirers to act as store-keepers on foreign 

stations. 
1439. Bonds of. 



Sec. 

1478. Rank of civil engineers. 
1527. Store-keeper at the Academy. 
1556. Pay of civil engineers. 

1567. Officers serving as store-keepers on foreign 

stations. 

1568. Civilians, store-keepers on foreign stations. 



Sec. 1413. The President, by and with the advice and consent of the Title 15, Chap. 1. 

Senate, may appoint a civil engineer and a naval store-keeper at each (j ivi i ~- 
of the navy-yards where such officers may be necessary. and storekeepers 

at navy-yards. 

Sec 1414. The Secretary of the Navy may appoint citizens who are Store-keepers 
not officers of the Navy to be store-keepers on foreign stations, when on foreign sta- 
suitable officers of the Navy cannot be ordered on such service, or when, tl0ns - 
in his opinion, the public interest will be thereby promoted. [Sec. 1568.] 

Sec. 1415. Every person who is appointed store-keeper under the Store-keeper's 
provisions of the preceding section shall be required to give a bond, in bond, 
such amount as may be fixed by the Secretary of the Navy, for the faith- 
ful performance of his duty. 

Sec. 143?. The Secretary of the Navy shall order a suitable commis- Title 15, Chap. 2. 

sioned or warrant officer of the Navy, except in the case provided in ■ — 

section fourteen hundred and fourteen, to take charge of the naval Officers to act 
stores for foreign squadrons at each of the foreign stations where such ^n ^or^gn^ta^ 
stores may be deposited, and where a store-keeper may be necessary. tions. 

Sec. 1439. Every officer so acting as store-keeper on a foreign station Bonds of. 
shall be required to give a bond, in such amount as may be fixed by the 
Secretary of the Navy, for the faithful performance of his duty. 



Sec. 14? S. Civil engineers shall have such relative rank as the Presi- Title 15, Chap. 4. 

dent may fix. ~ — : — — 

J Rank of civil 

engineers. 

Sec. 1527. The store-keeper at the Naval Academy shall be detailed Title 15, Chap. 5- 
from the Paymasters' Corps, and shall have authority, with the approval g tore . kee t 
of the Secretary of the Navy, to procure clothing and other necessaries the Acadeinv? & 
for the midshipmen and cadet engineers in the same manner as supplies 
are furnished to the Navy to be issued under such regulations as may 
be prescribed by the Secretary of the Navy. 

Sec. 1556. * * * Civil engineers during the first five years after Title 15, Chap. 8. 

date of appointment, when on duty, two thousand four hundred dollars; — r — 

on leave or waiting orders, one thousand five hundred dollars; during en gfn eer g 



civil 



36 

the second live years after such date, when on duty, two thousand seven 
hundred dollars; on leave or waiting orders, one thousand eight hun- 
dred dollars; during the third live years after such date, when on duty, 
Ihree thousand dollars; on leave or waiting orders, two .thousand one 
hundred dollars; after fifteen years from such date, when on duty, three 
thousand five hundred dollars ; on leave or waiting orders, two thou- 
sand six hundred dollars. 
Officers serving Sec. 1567. Officers who are ordered to take charge of naval stores for 

on Sm e! T foreign squadrons, in the place of naval store-keepers, shall be entitled 

tions. ° to receive, while so employed, the shore-duty pay of their grades; and 

when the same is less than fifteen hundred dollars a year, they may be 
allowed compensation, including such shore-duty pay, at a rate not ex- 
ceeding fifteen hundred dollars a year. 
Civilians, store- Sec. 1568. Civilians appointed as store-keepers on foreign stations 

keepers on for- shall receive compensation for such services, at a rate not exceeding 

eign stations. fifteen buildre(1 dollars a year. 

CIVIL EIGHTS. 



Sec. 

1977. Equal rights under the law. 

1978. Rights of citizens in respect to real and per- 

son al property. 

1979. Civil action for deprivation of rights. 

1980. Conspiracy. 

1981. Action for neglect to prevent conspiracy. 
1989. Aid of the military and naval forces. 



Sec. 

1990. Peonage abolished. 

1991. Foregoing section, how enforced. 

5516. Obstructing; process. 

5517. Marshal refusing to execute process. 

Act to protect all citizens in their civil and 

legal rights. 



Title 24. Sec. 19/7. All persons within the jurisdiction of the United States 

E j .,. shall have the same right in every State and Territory to make and 
undertheVaw! ** enforce contracts, to sue, be parties, give evidence, and to the full and 
equal benefit of all laws and proceedings for the security of persons and 
property as is enjoyed by white citizens, and shall be subject to like 
punishment, pains, penalties, taxes, licenses, and exactions of every 
kind, and to no other. 
Eights of citi- Sec. 1978. All citizens of the United States shall have the same right, 
zens in respect to in every State and Territory, as is enjoyed by white citizens thereof to 
real and personal inherit, purchase, lease, sell, hold, and convey real and personal prop- 
Civil action for Sec. 19/9.. Every person who, under color of any statute, ordinance, 
deprivation of regulation, custom, or usage, of any State or Territory, subjects, or 



rights. 



Conspiracy. 



causes to be subjected, any citizen of the United States or other person 
within the jurisdiction thereof to the deprivation of any rights/privi- 
leges, or immunities secured by the Constitution and laws, shall be lia- 
ble to the party injured in an action at law, suit in equity, or other 
proper proceeding for redress. [See §§ 563, 629, E. S. Sees. £63-629 
relate to, jurisdiction.] 

Sec. 1980. First. If two or more persons in any State or Territory con- 
spire to prevent, by force, intimidation, or threat, any person from 
accepting or holding any office, trust, or place of confidence under the 
United States, or from discharging any duties thereof; or to induce by 
like means any officer of the United States to leave any State, district, 
or place, where his duties as an officer are required to be performed, or 
to injure him in his person or property on account of his lawful discharge 
of the duties of his office, or while engaged in the lawful discharge thereof, 
or to injure his property so as to molest, interrupt, hinder, or impede hiin 
in the discharge of his official duties ; 

Second. If two or more persons in any State or Territory conspire to 
deter, by force, intimidation, or threat, any party or witness in any court 
of the United States from attending such court, or from testifying to 
any matter pending therein, freely, fully, and truthfully, or to injure 
such party or witness in his person or property on account of his having 
so attended or testified, or to influence the verdict, presentment, or 
indictment of any grand or petit juror in any such court, or to injure 
such juror in his person or property on account of any verdict, present- 
ment, or indictment lawfully assented to by him, or of his being or hav- 
ing been such juror ; or if two or more persons conspire for the purpose 
of impeding, hindering, obstructing, or defeating, in any manner, the 
due course of justice in any State or Territory, with intent to deny to 



37 

any citizen the equal protection of the laws, or to injure 1 him or his 
property for lawfully enforcing, or attempting to enforce, the right of 
any person, or class of persons, to the equal protection of the laws ; 

Third. If two or more persons in any State or Territory conspire, or go 
in disguise on the highway or on the premises of another, for the purpose 
of depriving, either directly or indirectly, any person or class of persons 
of the equarprotection of the laws, or of equal privileges andTmmuni- 
ties under the laws : or for the purpose of preventing or hindering the 
constituted authorities of any State or Territory from giving or securing 
to all persons within such State or Territory the equal protection of the 
laws: or if two or more persons conspire to prevent by force, intimida- 
tion, or threat, any citizen whojs lawfully entitletUto vote, from c giving 
his support or advocacy in a legal mauner, toward or in favor of the 
election of any lawfully qualified person as an elector for President 
or Vice-President, or as a member of Congress of the United States ; or 
to injure any citizen in person or property on account of such support 
or advocacy : in any case of conspiracy set forth in this section, if one 
or more persons engaged therein do, or cause to bej done, any<act in 
furtherance of the object of such conspiracy, whereby^auother is injured 
in his person or property, or deprived of having and exercising any 
right or privilege of a citizen of the United States, the party so injured 
or deprived may have an action for the recovery of damages, occasioned , 

by such injury or deprivation, against any one or more of the conspira- 
tors. [See § $563, 629. E. S.] 

Sec. 1961. Every person who, having knowledge that any of the Action for neg- 
wrongs conspired to be done, and mentioned in the preceding section, lect to prevent 
are about to be committed, and having power to prevent or aid in pre- cons P irac y- 
venting the commission of the same, neglects or refuses so to do, if such 
wrongful act be committed, shall be liable to the party injured, or his 
legal representatives, for all damages caused by such wrongful act, 
which such person by reasonable diligence could have prevented; and 
such damages may be recovered in an action on the case ; and any num- 
ber of persons guilty of such wrongful neglect or refusal may be joined 
as defendants in the action ; and if the death of any party be caused by 
any such wrongful act and neglect, the legal representatives of the de- 
ceased shall have such action therefor, and may recover not exceeding 
rive thousand dollars damages therein, for the benefit of the widow of 
the deceased, if there be one, and if there be no widow, then for the ben- 
efit of the next of kin of the deceased. But no action under^the provis- 
ions of this section shall be sustained which is not commenced within 
one year after the cause of action has accrued. [See § 629, E. S.] 

[Sees. 1962 to 1966 relate to the duties of district attorneys, commis- 
sioners. &c] 

Sec. 1989. It shall be lawful for the President of the United States, Aid of the min- 
or such person as he may empower for that purpose, to employ such *: ary a naval 
part of the laud or naval forces of the United States, or of the militia, 
as may be necessary to aid in the execution of judicial process issued 
under any of the preceding provisions, or as shall be necessary to pre- 
vent the violation and enforce the due execution of the provisions of 
this Title. 

Sec. 1990. The holding of any person to service or labor under the . Peonage abol- 
system known as peonage is abolished and forever prohibited in the isneu - 
Territory of Xew Mexico, or in any other Territory or State of the 
United States ; and all acts, laws, resolutions, orders, regulations, or 
usages of the Territory of Xew Mexico, or of any other Territory or 
State, which have heretofore established, maintained, or enforced, or by 
virtue of which any attempt shall hereafter be made to establish, main- 
tain, or enforce, directly or indirectly, the voluntary or involuntary 
service or labor of any persons as peons, in liquidation of any debt or 
obligation, or otherwise, are declared null and void. 

Sec. 1991. Every person in the military or civil service in the Terri- Foregoing sec- 
torv of Xew Mexico shall aid iu the enforcement of the preceding £ Ion \ how en ' 
section. -forced. 

Bec. 5516. Every person who willfully obstructs, hinders, or prevents TltI e 70, Chap. 7. 
any officer or other person charged with the execution of any warrant obstructing 
or process issued under the provisions of sections nineteen hundred and execution of pro- 
eighty-four and nineteen hundred and eighty-five, Title il CIVIL BIGHTS," cesa in civil- 
or any person lawfully assisting him, from arresting auy person for "gbts cases, &c. 
whose apprehension such warrant or process may have been issued; or 



38 

rescues, or attempts to rescue, such person from the custody of the 
officer or other person lawfully assisting when so arrested, pursuant to 
the authority herein given ; or aids, abets, or assists any person so 
arrested, directly or indirectly,- to escape from the custody of the officer 
or other person legally authorized to arrest the party ; or harbors or 
conceals any person for whose arrest a warrant or process has been 
issued, so as to prevent his discovery and arrest, after notice or knowl- 
edge of the fact that a warrant has been issued for the apprehension of 
such person, shall, for any of such offenses, be subject to a fine of not " 
more than one thousand dollars, or imprisonment not more than six 
months, or both. 
Marshal refns- s E c. 5517. Every marshal and deputy marshal who refuses to receive 
Secute e proces3 r any warrant or other process when tendered to him, issued in pursuance 
' of the provisions of section nineteen hundred and eighty-five, Title 
" Civil Rights," or refuses or neglects to use all proper means dili- 
gently to execute the same, shall be liable to a fine in the sum of one 
thousand dollars, for the benefit of the party aggrieved thereby. 

An act to protect all citizens in their civil and legal rights. 

Whereas, it is essential to just government we recognize the equality 
of all men before the law, and hold that it is the duty of government in 
its dealings with the people to mete out equal and exact justice to all, 
of whatever nativity, race, color, or persuasion, religious or political ; 
and it being the appropriate object of legislation to enact great f unda- 
mental principles into law : Therefore, 
March 1, 1875. j> e if encL cted by the Senate and House of Representatives of the United 
Equal enjoy- States of America in Congress assembled, That all persons within the 
ment of inns, jurisdiction of the United "States shall be entitled to the full aud equal 
public convey- enjoyment of the accommodations, advantages, facilities, and privileges 
ances, theaters, Q f j nng> p U |)ij c conveyances on land or water, theaters, and other places 
of public amusement; subject only to the conditions and limitations 
established by law, and applicable alike to citizens of every race and 
color, regardless of any previous condition of servitude. 
Forfeit to per- Sec. 2. That any person who shall violate the foregoing section by 
son aggrieved by denying to any citizen, except for reasons by law applicable to citizens 
joyment Chins' °f evei T race and color, and regardless of any previous condition of 
&c. ' servitude, the full enjoyment of any of the accommodations, advantages, 

facilities, or privileges in said section enumerated, or by aiding or incit- 
ing such denial, shall, for every such offense, forfeit and pay the sum of 
five hundred dollars to the person aggrieved thereby, to be recovered iu 
an action of debt, with full costs ; and shall also, for every such offense, 
Punishmentfor be deemed guilty of a misdemeanor, and, upon conviction thereof, shall 
denying, &c. jj e fined not less than five hundred nor more than oue thousand dollars, 
or shall be imprisoned not less than thirty days nor more than one year: 
Election of Provided, That all persons may elect to sue for the penalty aforesaid or 
remedies. to p rocee d under their rights at common law and by State statutes ; aud 

having so elected to proceed in the one mode or the other, their right to 
proceed in the other jurisdiction shall be barred. But this proviso shall 
not apply to criminal proceedings, either under this act or the criminal 
Effect of recov- ] aw of any State: And provided farther, That a judgment for the penalty 
eiies " in favor of the party aggrieved, or a judgment upon an indictment, shall 

be a bar to either prosecution respectively. 
Jurisdiction of Sec. 3. That the district and circuit courts of the United Spates shall 
courts under this have, exclusively of the courts of the several States, cognizance of all 
crimes and offenses against, and violations of, the provisions of this act; 
and actions for the penalty given by the preceding section may be pros- 
ecuted in the territorial, district, or circuit courts of the United States 
wherever the defendant may be found, without regard to the other party; 
Duty of dis- and the district attorneys, marshals, and deputy marshals of the United 
tnct ^attorneys states, and commissioners appointed by the circuit aud territorial courts 
c^nnnis^ioneVs OI tne United States, with powers of arresting and imprisoning or bail- 
under this act. ing offenders against the laws of the United States, are hereby specially 
authorized and required to institute proceedings against every person 
who shall violate the provisions of this act, and cause him to be arrested 
and imprisoned or bailed, as the case may be, for trial before such court 
of the United States, or territorial court, as by law has cognizance of 
the offense, except in respect of the right of action accruing to the per- 



39 

son aggrieved; and such district attorneys shall cause such proceedings 
to be prosecuted to their termination as iu other cases: Provided, That Right of civil 
nothing contained in this section shall be construed to deny or defeat ? ct '°*} not af " 
any right of civil action accruing to auy person, whether by reason of ±ected - 
this act or otherwise: and auy district attorney who shall willfully fail Failure of dis- 
to institute and prosecute the proceedings herein required, shall, for trict attorney to 
every such offense, forfeit and pay the sum of five hundred dollars to prosecute, 
the person aggrieved thereby, to be recovered by an action of debt, with 
full cost', and shall, on conviction thereof, be deemed guilty of a mis- 
demeanor, and be lined not less than one thousand nor more than five 
thousand dollars: And provided further, That a judgment for the penalty Effect of judg- 
in favor of the party aggrieved against any such district attorney, or a meut against dis- 
judgment upon an indictment against any such district attorney, shall trict attorne y- 
be a bar to either prosecution respectively. 

Sec. 4. That no citizen possessing all other qualifications which are Exclusion from 
or may be prescribed by law shall be disqualified for service as grand or service as juror, 
petit juror in any court of the United States, or of any State, on account 
of race, color, or previous condition of servitude; aud any officer or Penalty for ex- 
other person charged with any duty in the selection or summoning of eluding, &c. 
jurors who shall exclude or fail to summon auy citizen for the cause 
aforesaid shall, on conviction thereof, be deemed guilty of a misde- 
meanor, aud be fined not more than five thousand dollars. 

Sec. 5. That all cases arising under the provisions of this act in the Review in Su- 
courts of the United States shall be reviewable by the Supreme Court prerne Court, 
of the United States, without regard to the sum in controversy, under 
the same provisions aud regulations as are now provided by law for the 
review of other causes in said court. 

Approved, March 1, 1875. 

CIVIL SERVICE. 



See also under Departments. 



Sec. 

1755. Recommendation for employment of sucli 
persons. 



1753. President to regulate admissions to the civil 

service. 

1754. Preference of persons disabled iu military 

or naval service. 

Skc. 1753. The President is authorized to prescribe such regulations Title 19. 
for the admission of persons into the civil service of the United States as president to 
may best promote the efficiency thereof, and ascertain the fitness of regulate admis- 
each candidate in respect to age, health, character, knowledge, and sions to the civil 
ability for the branch of service into which he seeks to enter; and for service, 
this purpose he may employ suitable persons to conduct such inquiries, 
and may prescribe their duties, and establish regulations for the conduct 
of persons who may receive appointments in the civil service. 

Sec. 1754. Persons honorably discharged from the military or naval Preference of 
service by reason of disability resulting from wounds or sickness incurred fn^mun^oi na 
in the line of duty, shall be preferred for appointments to civil offices, va l service, 
provided they are found to possess the business capacity necessary for 
the proper discharge of the duties of -such offices. 

Skc. 1755. In grateful recognition of the services, sacrifices, and suffer- Recommenda- 
ings of persons honorably discharged from the military and naval service tion for employ- 
of the country, by reason of wounds, disease, or the expiration of terms "^g ° 
of enlistment, it is respectfully recommended to bankers, merchants, 
manufacturers, mechanics, farmers, and persons engaged in industrial 
pursuits, to give them the preference for appointments to remunerative 
situations and employments. 



CLAIMS AND CLAIM AGENTS. 



1-4. Subpoenas to witnesses on claims lending. 

185. Pees of witn< - 

1TJ6. Compelling testimony. 

i -7. Professional assistance, how obtained. 

Former employes acting as counsel. 
236. Public accounts to be settled in the Treas- 
ury. 

3477. Assignment of claims void, unless, ^c. 

3478. Oath by persons prosecnting claims. 
:',i~,:>. Who may administer oath. 



Sec. 

3480. Claims of disloyalists. 

3490. Liability of persons making false claims 

against United States. 
3401. Suits for same. 

3492. Duty of district attorney as to such cases. 

3493. Bights of persons presenting such suits. 

3494. Limitation of suit. 

5454. Unlawful taking papers relating to claims. 
5498. Officers, &c, interested in claims. 



Title 4. 



Sec. 1-4. Any bead of a Department or Bureau in which a claim 
against the United States is properly pending may apply to any judge < 

or clerk of auy court of the United States, in any State, District, or Ter- witnesses. 



to 



40 

ritory, to issue a subpoena for any witness being within the jurisdiction 
of such court, to appear at a time and place in the subpoena stated, before 
any officer authorized to take depositions to be used in the courts of the 
United States, there to give full and true answers to such written inter- 
rogatories and cross-interrogatories as may be submitted with the appli- 
cation, or to be orally examined and cross-examined upon the subject 
of such claim. 
Witnesses' fees. Sec. 185. Witnesses subpoenaed pursuant to the preceding section 
shall be allowed the same compensation as is allowed witnesses in the 
courts of the United States. 
Compelling tes- Sec. 186. If any witness, after being duly served with such subpoena, 
timony. neglects or refuses to appear, or, appearing, refuses to testify, the judge 

of the district in which the subpoena issued may proceed, upon proper 
process, to enforce obedience to the subpoena, or to punish the disobedi- 
ence, in like manner as any court of the United States may do in case 
of process of subpoena ad testificandum issued by such court. 
Professional as- Sec. 187. Whenever any head of a Department or Bureau having 
sistance; how ob- mac [ e application pursuant to section one hundred and eighty-four, for 
a subpoena to procure the attendance of a witness to be examined, is of 
opinion that the interests of the United States require the attendance 
of counsel at tbe examination, or require legal investigation of any claim 
pending in his Department or Bureau, he shall give notice thereof to the 
Attorney-General, and of all facts necessary to enable the Attorney- 
General to furnish proper professional service in attending such exam- 
ination, or making such investigation, and it shall be the duty of the 
Attorney-General to provide for such service. 
Persons for- Sec. 190. It shall not be lawful for any person appointed after the 
merly in the De- g rst ^ a y f j une> one thousand eight hnndred and seventy-two, as an 
prosecute S claims °^ cev , clerk, or employe" in any of the Departments, to act as counsel, 
in them. attorney, or agent for prosecuting any claim against the United States 

which was pending in either of said Departments while he was such 
officer, clerk, or employe", nor in any manner, nor by any means, to aid in 
the prosecution of any such claim, within two years next after he shall 
have ceased to be such officer, clerk, or employe. 

Title 7, Chap. 1. Sec. 236. All claims aud demands whatever, by the United States, or 
against them, and all accounts whatever, in which the United States are 
concerned, either as debtors or as creditors, shall be settled and adjusted 
in the Department of the Treasury. 

Title 36. Sec. 3477. All transfers and assignments made of any claim npon the 

Assignments of United States, or of any part or share thereof, or interest therein, 
claims°Yoid, un- whether absolute or conditional, and whatever may be the consideration 
less, &c. therefor, and all powers of attorney, orders, or other authorities for re- 

ceiving payment of any such claim, or of any part or share thereof, shall 
be absolutely null and void, uuless they are freely made and executed 
in the presence of at least two attesting witnesses, after the allowance 
of such a claim, the ascertainment of the amount due, and the issuing 
of a warrant for the payment thereof. Such transfers, assignments, and 
powers of attorney, must recite the warrant for payment, aud must be 
acknowledged by the person making them, before an officer having 
authority to take acknowledgments of deeds, and shall be certified by 
the officer ; and it must appear by the certificate that the officer, at the 
time of the acknowledgment, read and fully explained the transfer, 
assignment, or warrant of attorney to the person acknowledging the 
same. 

Oath by per- g EC> 3478^Any person prosecuting claims, either as attorney or on his 

d£ms r0SeCUtlDg own account, before any of the Departments or Bureaus of the United 

States, shall be required to take the oath of allegiance, and to support 

the Constitution of the United States, as required of persons in the civil 

service. [See §§ 1756, 1757, under Oath of office.] 

Who may ad- Sec. 3479. The oath provided for in the preceding section may be take,n 
minister the oath, before any justice of the peace, notary public, or other person who is 
legally authorized to administer an oath in the State or district where 
the same may be administered. 

Claims of clis- Sec. 3480. It shall be uulawful for any officer to pay any account, claim, 

loyalists. or demand against the United States which accrued or existed prior to 

the thirteenth day of April, eighteen hundred and sixty-one, in favor of 

any person who promoted, encouraged, or in any manner sustained the 

late rebellion, or in favor of any person who during such rebellion was 



41 

not known to be opposed thereto, aud distinctly in favor of its suppres- 
sion ; and no pardon heretofore granted, or hereafter to be granted, 
shall authorize the payment of such account, claim, or demand, until 
this section is modified or repealed. But this section shall not be con- 
strued to prohibit the payment of claims founded upon contracts made 
by any of the Departments, where such claims were assigned or con- 
tracted to be assigned prior to the first day of April, eighteen hundred 
and sixty-one, to the creditors of such contractors, loyal citizens of loyal 
States, in payment of debts incurred prior to the first day of March, 
eighteen hundred and sixty-one. 

Sec. 3-190. Any person not in the military or naval forces of the United Liability of per- 
States, or iu the militia called into or actually employed in the service sous making false 
of the United States, who shall do or commit any of the acts prohibited United States? 8 
by any of the provisions of section fifty-four hundred and thirty-eight,* 
Title " Crimes," shall forfeit and pay to the United States the sum of 
two thousand dollars, aud, in addition, double the amount of damages 
which the United States may have sustained by reason of the doing or 
committing such act, together with the costs of suit ; and such forfeiture 
and damages shall be sued for in the same suit. 

Sec. 3491. The several district courts of the United States, the supreme Suits for same, 
court of the District of Columbia, the several district couits of the Ter- 
ritories of the United States, within whose jurisdictional limits the per- 
sod doing or committing such act shall be found, shall, wheresoever such 
act may have beeu done or committed, have full power and jurisdiction 
to hear, try, and determine such suit. Such suit may be brought and 
carried on by any person, as well for himself as for the United States ; 
the same shall be at the sole cost and charge of such person, and shall 
be in the name of the United States, but shall not be withdrawn or dis- 
continued without the consent, in writing, of the judge of the court and 
the district attorney, first filed in the case, setting forth their reasons 
for such consent. 

Sec. 3492. It shall be the duty of. the several district attorneys of the Duty of district 
United States for the respective districts, for the District of Columbia, attorney as to 
and for the several Territories, to be diligent in inquiring into any viola- su cases - 
Hon of the provisions of section thirty-four hundred and ninety by per- 
sons liable to such suit, and found within their respective districts or 
Territories, and to cause them to be proceeded against in due form of 
law for the recovery of such forfeiture and damages. And such person 
may be arrested and held to bail in such sum as the district judge may 
order, nor exceeding the sum of two thousand dollars, and twice the 
amount of the damages sworn to in the affidavit of the person bringing 
the suit. 

Sec. 3493. The person bringing said suit and prosecuting it to final Eights of per- 
.judgment shall be entitled to receive one-half the amount of such for- son s presenting 
t'eiture, as well as one-half the amount of the damages he shail recover s s 
and collect; and fie other half thereof shall belong to and be paid 
over to the United States ; aud such persou shall be entitled to receive . 
to his own use all costs the court may award against the defendant, to 
be allowed and taxed according to any provision of law or rule of court 
in force, or that shall be in force in suits between private parties in 
said court: Provided, That such person shall be liable for all costs in- 
curred by himself in the case, aud shall have no claim therefor on the 
United States. 

Sec. 3494. Every such suit shall be commenced within six years from Limitation of 
the commission of the act, and not afterward. smt - 

Sec. . r >454. Every person who takes and carries away, without author- Title 70, Chap. 5. 
ity from the United States, from the place where it has heen filed, lodged, ~^~] — f ,, t k ' 
or deposited, or where it may for the time being actually be kept by in^o^using pa- 
authority of the United States, any certificate, affidavit, deposition, pers relating to 
written statement of facts, power of attorney, receipt, voucher, assign- claims, 
inent, or other document, record, file, or paper, prepared, fitted, or in- 
tended to be used or presented iu order to procure the payment of money 
from or by the United States, or any officer or agent thereof, or the 
allowance or payment of the whole or any part of any claim, account, or 
demand against the United States, whether the same has or has not 
already been so used or presented, and whether such claim, account, or 
demand, or any part thereof, has or has not already been allowed or 

■Sec. 5438, under Fkauos. &c. 



42 

paid, or who presents or uses or attempts to use any such document, 
record, file, or paper so taken and carried away in order to procure the 
payment of any money from or by the United States, or any officer 01 
agent thereof, or the allowance or payment of the whole or any part 
of any claim, account, or demaud against the United States, shall be 
imprisoned at hard labor not more than ten years, or fined not more than 
five thousand dollars. 

Title 70, Chap. 6. Sec. 5498. Every officer of the United States, or person holding any 
7 — r~ place of trust or profit, or discharging any official function under, or in 

terestedTn claims cormec ti° u with, any Executive Department of the Government of the 
" United States, or under the Senate or House of Representatives of the 
United States, who acts as an agent or attorney for prosecuting auy 
claim against the United States, or in auy manner, or by any means, 
otherwise than in discharge of his proper official duties, aids or assists 
in the prosecution or support of any such claim, or receives auy gratuity, 
or any share of or interest in auy claim from any claimant against the 
United States, with intent to aid or assist, or in consideration of having 
aided or assisted, in the prosecution of such claim, shall pay a fine of 
uot more than five thousand dollars, or suffer imprisonment not more 
than one year, or both. [See under Bribes, &c] 

Note. — See, under Debts, act of March 3, 1875, as to deducting, from 
claims allowed, indebtedness of claimant to the United States 

CLERKS— NAVY. 

See Secretaries and Clerks. 

COAST STTRYEY. 

Sec. I Sec. 

264. Report of Coast Survey expenditures. j 4686. Power to employ vessels. 

4681. President may authorize surveys. ! 4687. Manner of employment of officers of Army 

4682. Surveys beyond twenty leagues from shore. and Navy. 

4683. Mode of conducting surveys. 4688. Allowances for subsistence. 

4684. Employment of officers of Army and Navy. 4689. Salary of superintendent. 

4685. Power to use books, &c, and to employ per- 4690. Report. 

sons. i 4691. Disposal of maps and charts. 

Title 7, Chap. 2. Sec. 264. The Secretary of the Treasury shall report to Congress au- 

nually the number and names of tbe persons employed during the last 

Report of Coast p rece * c || n g, fj sca i y ear ll p n the Coast Survey and business connected 
tures? y expen ^therewith; the amount of compensation of every kind respectively paid 
them, for what purpose, and the length of time employed ; and shall re- 
port a full statement of all other expenditures made under the direction 
of the Superintendent of the Coast Survey. 

Title 56. Sec. 4681. The President is authorized to cause a survey to be taken 

; of the coasts of the United States, in which shall be designated the 

President may j s ] anc i s auc i s hoals, with the roads or places of anchorage, within twenty 
v^ys SU1 " leagues of any part of the shores of the United States; aud also the re- 

spective courses and distauces between the principal capes or headlands, 
together with such other matters as he may deem proper for completing 
an accurate chart of every part of the coasts. 
Surveys beyond Sec. 4682. The President may also cause such examinations and ob- 
twenty leagues servations to be made with respect to Saint George's Bank, aud to auy 
from shore. other bank, or shoal, and the soundings aud currents, although beyond 

the distance of twenty leagues from the shore to the Gulf Stream, as he 
may deem especially subservient to the commercial interests of the 
United States. 
Mode of con- Sec. 4683. All appropriations made for the work of surveying the 
ducting surveys. CO ast of the United States shall be expended in accordance with the 
plan of re-organizing the mode of executing the survey which has been 
submitted to the President .by a board of officers organized under the 
act of March three, eighteen hundred aud forty-three, chapter one hun- 
dred. 
Employment of Sec. 4684. The President shall carry into effect the plan of the board, 
officers of Army as agreed upon by a majority of its members ; and shall cause to be em- 
and Navy. ployed as many officers of the Army and Navy of the United States as 

will be compatible with the successful prosecution of the work ; the offi- 
cers of the Navy to be employed ou the hydrographical parts, aud the 



43 

officers of the Army ou the topographical parts of the work ; and no offi- 
cer of the Army or Navy shall receive any extra pay out of any appropria- 
tions for surveys. 

Sec. 4685. The President is authorized, in executing the provisions Power to use 
of this Title, to use all maps, charts, hooks, instruments, and apparatus books, &,c, and 
belonging to the United States, and to direct where the same shall be t0 em P lov P 6r - 
deposited, and to employ all persons in the land or naval service of the 
United States, and such astronomers and other persons, as he shall deem 
proper. 

Sec. 4686. The President is authorized, for any of the purposes of sur- Power to eui- 
veving the coast of the United States, to cause to be employed such of pl°y vessels, 
the public vessels in actual service as he deems it expedient to employ, 
aud to give such instructions for regulating their conduct as he deems 
proper, according to the tenor of this Title. 

Sec. 4687. Officers of the Army and Navy shall, as far as practicable, Manner of cm- 
be employed in the work of surveying the coast of the United States, ploymenjb of offi- 
whenever aud in the manner required by the Department having charge ^ rs ? f Arm Y or 
thereof. av ^' 

Sec. 4688. The Secretary of the Treasury may make such allowances Allowance for 
to the officers aud men of the Army and Navy, while employed on Coast subsistence. 
Survey service, for subsistence, in addition to their compensation, as he 
may deem necessary, not exceeding the sum authorized by the Treasury 
regulation of the eleventh day of May, eighteen hundred and forty- 
four. 

Sec. 4689. The salary of the Superintendent of the Coast Survey shall Salary of Super- 
be six thousand dollars a year. intendent. 

Sec. 4690. The Coast Survey report shall be submitted to Congress Report. 
daring the month of December in each year, and shall be accompanied 
by a general chart of the whole coasts of the United States, on as large 
a scale as convenient aud practicable, showing, as near as practicable, 
the configuration of the coasts, aud showing, by lines, the probable lim- 
its of the Gulf Stream, and showing, by lines, the probable limit to which 
the soundings off the coast will extend, and showing, by the use of col- 
ors and explanations, the exact portions of our coasts, of which complete 
charts have beeu published by the Coast Survey; also, showing such 
other parts of the coasts of which the tri angulation, the topography, and 
the sonudiugs have been completed, but not published, aud, also, such 
parts of the coasts of which the triangulation and topography, or the 
triangulation only, have been completed. 

Sec. 4691. The Secretary of the Treasury is authorized to dispose of Disposal of 
the maps and charts of the survey of the coast of the United States at mai?s Jjud cnarts - 
such prices aud under such regulations as may from time to time be fixed 
by him ; and a number of copies of each sheet, not to exceed three hun- 
dred, shall be distributed among foreign governments, and Departments 
of our own Government, and literary and scientific associations as may 
be designated by the Secretary of the Treasury. 

COIX, COINAGE, WEIGHTS AND MEASURES, AND LEGAL 

TENDER, 

SfkJ. Sec. 

3511. Gold coins of the United States and their 3569. IJse of the metric system authorized. 

weight. 3570. Authorized tables of weights and measures. 

3512. Recoinage of gold coins. 3584. Foreisn coins. 

3513. Silver coins and their weight. 3585. Gold coins of the United States. 
:j."i14. Standard for gold and silver coins. 3586. Silver coins of the United States. 
3515. Minor coins; their weight and alloy. i55S7. Minor coins. 

:i.")l(;. Issoe of other coins prohibited. 3588. United States notes. 

3.")17. Inscriptions upon coins. 3589. Demand Treasury notes. 

3535. Deviations allowed in adjusting weights of 3590. Interest bearing notes. 

gold coins. 5457. Counterfeiting gold or silver coin. 

Of silver coins. 5458. Counterfeiting minor coins. 

.'s.xst. Of minor coins. r.1.-;:). Mutilating coinage. 

3551. National and other medals. 54G0. Debasement of coinage, &c, by officers of 

?>^>.',. Decimal system established. Mint. 

'.ilue of foreign coins, how ascertained. . 5461. Making or uttering coins in resemblance of 

Value of the sovereign or pound sterling. money. 

Recoinage of foreign coins. i 5462. Making or issuing devices of minor coins. 

:}."ji,7. Spansh and Mexican coins. . Coinage of twenty-cent piece. 

. 3511. The gold coins of the United .States shall he a one-dollar Title 37. 
piece, which, at the standard weight of twenty-five and eight-tenths ^ lf , . ,. 
grains, shall he the unit of value; a quarter-eagle, or two and a half ibo United suites 
dollar pier,-: a three-dollar piece: a half-eagle, or live-dollar piece ; an and their weight. 
eagle, or ten-dollar piece; and a double- eagle, or twenty-dollar piece. 



44 

And the standard weight of the gold dollar shall be twenty-five and 
eight-tenths grains ; of the qnarter-eagle, or two and a half dollarjpiece, 
sixty-four and a half grains ; of the three-dollar piece, seventy-seven 
and four-tenths grains; of the half-eagle, or five-dollar piece, one hun- 
dred and twenty- nine grains ; of the eagle, or ten-dollar piece, two hun- 
dred and fifty-eight grains ; of the double-eagle, or twenty-dollar piece, 
five hundred and sixteen grains. m 

Becoinage of Sec.13512. Any gold coins in the Treasury of the United States, when 
gold coins. reduced in weight by natural abrasion more than one-half of one per 

centum below the standard weight prescribed by law, shall be recoined. 
Silver coins and Sec. 3513. The silver coins of the United States shall be a trade-dol- 
tneir weight, j^ a half-dollar, or fifty-cent piece, a quarter-dollar, or twenty-five cent 
piece, a dime, or ten-cent piece ; and the weight of the trade-dollar shall 
be four hundred and twenty grains troy ; the weight of the half-dollar 
shall be twelve grams and one-half of a gram ; the quarter-dollar and 
the'dime shall be, respectively, one-half and one-fifth of the weight of 
said half-dollar. I 
Standard for Sec. 3514. The standard for both gold and silver coins of the United 
coins aDtl Sllver States shall be such that of one thousand parts by weight nine hundred 
shall be of pure metal and one hundred of alloy. * The alloy of the silver 
coins shall be of copper. The alloy of the gold coins shall be of copper, 
or of copper and silver; but the silver shall in no case exceed one-tenth 
of the whole alloy. [See § 5460.] 
Minor coins; - Sec. 3515. The minor^coins of the United States shall be a five-cent 
their weight and piece, a three-cent piece, and <a one-cent piece. The alloy for the five 
and three cent pieces shall be of copper and nickel, to be composed of 
three-fourths copper and one-fourth nickel. The alloy of the one-cent 
piece shall be ninety-five per centum of copper and five per centum of 
tin'and zinc, in such proportions as shall be determined by the Director 
of the Mint. The weight of the piece of five cents shall be seventy- seven 
and sixteen-hundredths grains .troy; of the three-eent piece, thirty 
grains ; and of the one-cent piece, forty-eight grains. 
Issue of other ^Sec. 3516. No coins, either of gold, silver, or minor coinage, shall 
coins prohibited, hereafter be issued from the Mint other than those of the denominations, 
standards, and weights set forth in this Title. [See §§ 5457-5462.] 
Inscriptions *£Sec. 3517. Upon the coins there shall be the following devices and 
upon coins. legends : Upon one side there shall be an impression emblematic of lib- 

erty, with an inscription of the word " Liberty "/and the year of the 
coinage, and upon the reverse shall be the figure or representation of an 
eagle, with the inscriptions "United States of America" and "EPlu- 
ribus Unum/' and a designation of the value of the coin ; but on the 
gold 'dollar and three-dollar piece, the dime, five, three, and one cent 
piece, the figure of the eagle shall be omitted ; and on the reverse of the 
silver trade-dollar the weight^and the fineness of the coin shall be in- 
scribed. 
Deviations al- Sec. 3535. In adjustiuglthe weights of the gold coins, the following 
inff 6C we^hts US oi' c ^ ev ' at ^ on sna ^ not ^ e exceeded in any single piece: In the double- 
gold coins, eagle and ,the eagle, r one-half of a grain ; in the half-eagle, the three- 
dollar piece, the'qua'rter-eagle, and the one-dollar piece, one-fourth of a 
grain. And in weighing a number of pieces together, when delivered 
by the coiner to the superintendent, and by the superintendent to the 
depositor, the deviation from the standard weight shall not exceed one 
hundredth of au ounce in five thousand dollars in double-eagles, eagles, 
half-eagles, or quarter-eagles, in one thousand three-dollar pieces, and 
in one thousand one-dollar pieces. 
Of silver coins. Sec. 3536. In adjusting the weight of the silver coins the following 
deviations shall not be exceeded in any single piece: In the dollar, the 
half and quarter dollar,' and in the dime, one and one-half grains. And 
in weighing a large number of pieces together, when delivered by the 
coiner to the superintendent, and by the superintendent to the depositor, 
the deviations from^the standard weight shall not exceed two-hundredths 
of an ounce in one thousand dollars, half-dollars, or quarter- dollars, and 
one-hundredth of an ounce in one thousand dimes. ^ 
Of minor coins. Sec. 3537. In adjusting the weight of the minor coins provided by 
this Title, there shall be no greater deviation allowed than three grains 
for the five-cent piece and two grains for the three and one cent pieces. 
National and Sec. 3551. Dies of a national character may be executed by the en- 
other medals may graver, and national and other medals struck by the coiner of the Mint 
at Philade a ipWa nt at Philadelphia, under such regulations as the superintendent, with the 
approval of the director of the Mint, may prescribe. Such work shall 



45 

not, however, interfere with the regular coinage operations, and no pri- 
vate medal dies shall be prepared at any mint, or the machinery or ap- 
paratus thereof be used for that purpose. 

Sec. 3563. The money of account of the Uuited States shall he ex- Decimal sys- 
pressed in dollars or units, dimes or tenths, cents, or hundredths, and * em established. 
mills or thousandths, a dime beiug the tenth part of a dollar, a cent the 
hundredth part of a dollar, a mill the thousandth part of a dollar: 
aud all accounts in the public offices aid all proceedings in the courts 
shall be kept and had in conformity to this regulation. 

Sec. 3564. The value of foreign coin as expressed in the mouey of "Value .of for- 
account of the Uuited States shall be that of the pure metal of such coiu ^certaTea 
of standard value; aud the values of the standard coins in circulation 
of the various nations of the world shall be estimated annually by the 
Director of the Mint, aud be proclaimed on the first day of January by 
the Secretary of the Treasury. 

Sec. 3505.* In all payments by or to the Treasury, whether made here Va lue of the 
or in foreign countries, where it becomes necessary to compute the pouna^teifiu"- 01 
value of the sovereign or pound sterling, it shall be deemed equal to 
four dollars eighty-six cents and six and one-half mills, and the same 
rule shall be applied in appraising merchandise imported where the 
value is, by the invoice, in sovereigus or pounds sterling, and in the 
construction of contracts payable in sovereigus or pounds sterling; 
aud this valuation shall be the par of exchange between Great Britain 
aud the Uuited States: and all contracts made after the first day of 
January, eighteen hundred and seventy-four, based on an assumed par 
of exchange with Great Britain of fifty-four pence to the dollar, or four 
dollars forty-four and four-ninths cents to the sovereign or pound ster- 
ling, shall be null aud void. 

Sec. 3566. All foreign gold and silver coins received in payment for Eecoinage of 
moneys due to the United States shall, before being issued in circula- foreign coins. 
tiou, be coined anew. 

Sec. 3367. The pieces commonlv known as the quarter, eighth, and Spanish and 
sixteenth of the Spauish pillar-dollar, and of the Mexican dollar, shall Mexican coins, 
be receivable at the Treasury of the Uuited States, and its several of- 
fices, and at the several post-offices, -and laud-offices, at the rates of valua- 
tion following: the fourth of a dollar, or piece of two reals, at twenty 
cents : the eighth of a dollar, or piece of one real, at ten cents; and the 
sixteenth of a dollar, or half-real, at five cents. 

Sec. 3569. It shall be lawful throughout the United States of America "^se of metric 
to employ the weights and measures of the metric system ; and no con- s - YSl j em author - 
tractor dealing, or pleading in any court, shall be deemed invalid or lze 
liable to objection because the weights or measures expressed or referred 
to therein are weights or measures of the metric system. 

Sec. 3570. The tables in the schedule hereto annexed shall be recog- Authorized ta- 
nized in the construction of contracts, aud in all legal proceedings, as We - S of weights 
establishing, in terms of the weights aud measures now in use in the au (l measures - 
Uuited States, the equivalents of the weights and measures expressed 
therein in terms of the metric system; aud the tables may lawfully be 
used for computing, determining, aud expressing iu customary weights 
aud measures the weights and measures of the metric system. 

MEASURES OF LENGTH. 



Metric denominations and values. Equivalentsiu denominations in use. 



Myriameter 10, 000 meters. 6. 2137 miles. 

Kilometer 1, 900 meters. 0. 0'2137 miles, or 3,230 feet and 

10 inches. 

Hectometer 100 meters. 328 feet and 1 inch. 

I ) .diameter 10 meters. 3'J3. 7 inches. 

Meter 1 meter. 30.37 inches. 

Decimeter of a meter. 3.937 inches. 

Centimeter T - , of a meter. 0. 3937 inches. 

Millimeter T ,v } of a meter. 0.0304 inches. 



4G 



MEASURES OF CAPACITY. 



Metric denominations and values. 


Equivalents in denominations in 
use. 


Names. 


No. of 

liters. 


Cubic measure. 


Dry measure. 


Liquor or wine 
measure. 


Kiloliter, 


1,000 


1 cubic meter . . . 


1. 308 cub. yards.. 


264. 17 galls. 


or stere. 










Hectoliter. 


100 


-^o of acubicmetei 


2 bushels and 3.35 
pecks. 


26. 417 galls. 


Dekaliter. 


10 


10 cub. decimeters 


9.08 quarts 


2. 6417 galls. 


Liter 


1 


1 cub. decimeter. 


0. 908 quarts 


1. 0567 q'ts. 


Deciliter.. 


i 

10 


tV of a cubic deci- 
meter. 


6. 1022 cub. inch.. 


0. 845 gills. 


Centiliter. 


TOO 


10 cub. centimeters 


0.6102 cub. inch.. 


0.338 fluid 
ounces. 


Milliliter . 


TWO 


1 cub. centimeter. 


0.061 cub. inch.. 


0.27 fluid 
drams. 



MEASURES OF SURFACE. 



Metric denominations and values. 



Equivalents in denominations in use. 



Hectare .-. . . 10, 000 square meters. 

Are 100 square meters. 

Centare 1 square meter. 



2. 471 acres. 
119. 6 square yards. 
1550 square inches. 



WEIGHTS. 



Metric denominations and values. 


Equivalents in de- 
nominations in use. 


Names. 


Number of 
grams. 


Weight of what 
quantity of water at 
maximum density. 


Avoirdupois 
weight. 


Miliier or tonneau. 


1, 000, 000 

100, 000 

10, 000 

1,000 

100 

10 

1 

TO" 

TW 
_i 

1000 


1 cubic meter 

1 hectoliter 

10 liters 


2204. 6 pounds. 
220. 46 pounds. 
22. 046 pounds. 

2. 2046 pounds. 

3. 5274 ounces. 

0. 3527 ounces. 
15. 432 grains. 

1. 5432 grains. 

0. 1543 grains. 
0. 0154 grains. 


Myriagram 

Kilogram or kilo.. 

Hectogram 

Dekagram 

Gram 

Decigram 

Centigram 

Milligram 


1 liter 


1 deciliter 

10 cubic centimeters 

1 cubic centimeter . 
xV of a cubic centi- 
meter. 
10 cubic millimeters 

1 cubic millimeter . 



Title 39. s E c. 3584. No foreign gold or silver coins shall be a legal tender in 

Foreign coins, payment of debts. 

Gold coins of Sec. 3585. The gold coins of the United States shall be a legal tender 

theUnited States, in all payments at their nominal value when not below the standard 

weight and limit of tolerance provided by law for the single piece, and, 

when reduced in weight below such standard and tolerance, shall be a 

legal tender at valuation in proportion to their actual weight. 

Silver coins of Sec. 3586. The silver coins of the United States shall be a legal tender 

theTJnitedStates. a t their nominal value for any amount not exceeding five dollars in any 

one payment. 



47 

Sec. 35S7. The miuor coins of the United States shall be a legal Minor coins. 
Tender, at their nominal value for any amount not exceeding twenty- 
rive cents in any one payment. 

Sec. 3588. United States notes shall be lawful money, and a legal United States 
Tender in payment of all debts, public and private, within the United notes - 
States, except for duties on imports and interest on the public debt. 

Sec. 3589. Demand Treasury notes authorized by the act of July Demand Treas- 
seventeen. eighteen hundred and sixty-one, chapter five, and the act of ury ' no es ' 
February twelve, eighteeu hundred and sixty-two, chapter twenty, 
shall be' lawful money and a legal tender in like manner as United 
States notes. 

Sec. 3590. Treasury notes issued under the authority of the acts of . Interest-bear- 
March three, eighteen hundred and sixty-three, chapter seventy-three, ing notes, 
and June thirty, eighteen hundred and sixty-four, chapter one hundred 
and seventy-two. shall be legal tender to the same extent, as United 
States notes, for their face value, excluding interest: Provided, That 
Treasury noTes issued under the act last named shall not be a legal 
render in payment or redemption of any notes issued by any bank, 
banking association, or banker, calculated and intended to circulate as 
money. 

Sec. 5457. Every person who falsely makes, forges, or counterfeits, Title 70, Chap. 5. 
or causes, or procures to be falsely made, forged, or counterfeited, or will- counterfeiting 
ingly aids, or assists in falsely making, forging, or counterfeiting any g i<i or s ii V er 
coin or bars in resemblance or similitude of the gold or silver coins or coins, 
bars which have been, or hereafter may be, coined or stamped at the 
minrs and assay-offices of the United States, or in resemblance or sim- 
ilitude of any foreign gold or silver coin which by law is, or hereafter 
may be made, current in the United States, or are in actual use and cir- 
culation as money within the United States, or who passes, utters, pub- 
lishes, or sells, or attempts to pass, utter, publish, or sell, or bring into 
the United States from any foreign place, or has in his possession, any 
such false, forged, or counterfeited coin or bars, knowing the same to be 
false, forged, or counterfeited, shall be punished by a fine of not more 
than five thousand dollars, and by imprisonment at hard labor not more 
than ten years. 

Sec. 545S. Every person who falsely makes, forges, or counterfeits, or Counterfeiting 
causes, or procures to be falsely made, forged, or counterfeited, or will- min01 ' coins, 
ingly aids, or assists in falsely making, forging, or counterfeiting, any 
coin in the resemblance or similitude of any of the minor coinage which 
has been, or hereafter may be, coined at the mints of the United States ; 
or who passes, utters, publishes, or sells, or brings into the United 
States from any foreign place, or has in his possession, any such false, 
forged, or counterfeited coin, with intent to defraud any person what- 
soever, shall be punished by a fine of not more than one thousand dol- 
lars and by imprisonment at hard labor not more than three years. 

Sec. 5459. Every person who fraudulently, by any art, way, or means, Mutilating 
defaces, mutilates, impairs, diminishes, falsifies, scales or lightens the coinage, 
gold and silver coins which have been, or which may hereafter be, 
coined at the mints of the United States, or any foreign gold or silver 
coins which are by law made current or are in ac v tual use and circula- 
tion as money within the United States, shall be imprisoned not more 
than two years and fiued not more than two thousand dollars. 

Sec. 5460. If any of the gold or silver coins struck or coined at any Debasement of 
of the mints of the United States shall be debased, or made worse as to coinage, &c., by 
the proportion of fine gold or fine silver therein contained ; or shall be ^jr 1 ' 3 ot the 
of less weight or value than the same ought to be, pursuant to law ; or 
if any of the weights nsed at any of the mints or assay-offices of the 
United States shall be defaced, increased, or diminished through the 
fault or connivance of any of the officers or persons who are employed 
at the said mints or assay-offices with a fraudulent intent; and if any 
of the said officers or persons shall embezzle any of the metals at any 
time committed to their charge for the purpose of being coined, or any 
of the coins struck or coined at the said mints, or any medals, coins, or 
other moneys of said mints or assay-offices at any time committed to 
their charge, or of which they may have assumed the charge, every 
such officer or person who commits any or either of the said offenses 
BhalJ be imprisoued at hard labor for a term not less than one year nor 
more than ten years, and shall be fined in a sum not more than ten 
thousand dollars. 



48 

Making or ut- Sec. 5461. Every person who, except as authorized by law, makes or 
teniig com an re- causes to be made, or utters or passes, or attempts to utter or pass, any 
semblance 01 mo- „ ni ., , , l ,4 ., L ~ , , . , r , \ „ « 

Dey- coius of gold or silver or other metal, or alloys of metals, intended for 

the use and purpose of current money, whether in the resemblance of 
coius of the United States or of foreign countries, or of original design, 
shall be punished by a fine of not more than three thousand dollars, or 
by imprisonment not more than five years, or both. 
Making or issu- Sec. 5462. Every person not lawfully authorized, who makes, issues, 
ing devices of mi- or passes, or causes to be made, issued, or passed, any coin, card, token 
nor coins. or device in metal or its compounds, which may be intended to be used 

as money for any one-cent, two-cent, three-cent, or five-cent piece, now 
or hereafter authorized by law, or for coins of equal value, shall be 
punished by a fine of not more than one thousand dollars, and by im- 
prisonment not more than five years. 

An act authorizing the coinage of a twenty-cent piece of silver at the mints of the 

United States. 

March 3, 1875. J5g a enacted, by the Senate and House of Representatives of the United 
Twenty -cent States °f America in Congress assembled, That there shall be, from time to 
silver coin. time, coined at the mints of the United States, conformably in all 

respects to the coinage act of eighteen hundred and seventy-three a 
coin of silver of the denomination of twenty cents and of the weight of 
five grams. 
Legal tender, Sec. 2. That the twenty cent piece shall be a legal tender at its nomi- 
for what sums. na j value for any amount not exceeding five dollars in auy one payment. 
Deviation from Sec. 3. That in adjusting the weight of the twenty-cent piece, the 
standard weight, deviation from the standard weight shall not exceed one and one half 
grains; and in weighing a large number of pieces together, when deliv- 
ered by the coiner to the superintendent and by the superintendent to 
the depositor the deviation from the standard weight shall not exceed 
two hundredths of an ounce in one thousand pieces. 
Existing laws g EC# 4. That all laws now in force in relation to the coins of the 
twent* °cent com° United States, and the coinage of the same, shall, as far as applicable, 
w y ' have full force and effect in relation to the coin herein authorized 

whether the said laws are penal or otherwise and whether they are for 
preventing counterfeiting or abasement, for protecting the currency, for 
regulating the process of coining and the preparation therefor, or for 
the security of the coin, or for any other purpose. 
Approved, March 3, 1 875. 

COLLISIONS— RULES OF THE SEA. 

Sec. I Sec, 

4233. Rules for preventing collisions. 4234. Forfeiture of sailing-vessels for omission of 

| lights. 

Title 48, Chap. 5. Sec. 4233. The following rules for preventing collisions on the water, 
^~7 n shall be followed in the navigation of vessels of the Navy and of the 

venting col lis- mercantile marine of the United States : 
ions. 

STEAM AND SAIL VESSELS. 

Eule one. Every steam-vessel which is under sail, and not under 
steam, shall be considered a sail-vessel ; and every steam-vessel which 
is under steam, whether under sail or not, shall be considered a steam- 
vessel. 

LIGHTS. 

Rule two. The lights mentioned in the following rules, and no others, 
shall be carried in all weathers, between sunset aud sunrise. 

Rule three. All ocean-going steamers, and steamers carrying sail, 
shall, when under way, carry — 

(A) At the foremast head, a bright white light, bf such a character 
as to be visible on a dark night, with a clear atmosphere, at a distance 
of at least five miles, and so constructed as to show a uniform and un- 
broken light over an arc of the horizon of twenty points of the compass, 
and so fixed as to throw the light ten points on each side of the 
vessel, namely, from right ahead to two points abaft the beam on either 
side. 

(B) On the starboard side, a green light, of such a character as to be 
visible on a dark night, with a clear atmosphere, at a distance of at 



49 

least two miles, and so constructed as to show a uniform and unbroken 
light over an arc of the horizon of ten points of the compass, and so fixed 
as to throw the light from right ahead to two points abaft the beam on 
the starboard side. 

(C) On the port side, a red light, of such a character as to be visible 
on a dark night, with a clear atmosphere, at a distance of at least two 
miles, and so constructed as to show a uniform and unbroken light over 
an arc of the horizon of ten points of the compass, and so fixed as to 
throw the light from right ahead to two points abaft the beam on the 
port side. 

The green and red lights shall be fitted with inboard screens, project- 
ing at least three feet forward from the lights, so as to prevent them 
from being seen across the bow. 

Rule four. Steam-vessels, when towing other vessels, shall carry two 
bright white mast-head lights vertically, in addition to their side-lights, 
so as to distinguish them from other steam-vessels. Each of these mast- 
head lights shall be of the same character and construction as the mast- 
head lights prescribed by Rule three. 

Rule" live. All steam-vessels, other than oceau-going steamers and 
steamers carrying sail, shall, when under way, carry on the starboard 
and ports sides lights of the same character and construction and in the 
same position as are prescribed for side-lights b} r Rule three, except in 
the case provided in Rule six. 

Rule six. River-steamers, navigating waters flowing into the Gulf of 
Mexico, and their tributaries, shall carry the following lights, namely: 
One red light on the outboard side of the port smoke-pipe, and one green 
light on the outboard side of the starboard smoke-pipe. Such lights 
shall show both forward and abeam on their respective sides. 

Rule seven. All coasting steam-vessels, and steam-vessels other than 
ferry-boats and vessels otherwise expressly provided for, navigating 
the bays, lakes, rivers, or other inland waters of the United States, 
except those mentioned in Rule six, shall carry the red and green lights, 
as prescribed for ocean-going steamers ; and, in addition thereto, a 
central range of two white lights ; the after-light being carried at an 
elevation of at least fifteen feet above the light at the head of the vessel. 
The head-light shall be so constructed as to show a good light through 
twenty points of the compass, namely : from right ahead to two points 
abaft the beam on either side of the vessel ; and the after-light so as to 
show all around the horizon. The lights for ferry-boats shall be regu- 
lated by such rules as the board of supervising inspectors of steam- vessels 
shall prescribe. 

Rule eight. Sail-vessels, under way or being towed, shall carry the 
same lights as steam-vessels under way, with the exception of the white 
mast-head lights, which they shall never carry. 

Rule nine. Whenever, as in case of small vessels during bad weather, 
the green and red lights cannot be fixed, these lights shall be kept on 
deck, on their respective sides of the vessel, ready for instant exhibition, 
and shall, on the approach of or to other vessels, be exhibited on their 
respective sides in sufficient time to prevent collision, in such manner as 
to make them most visible, and so that the green light shall not be 
seen on the port side, nor the red light on the starboard side. To make 
the use of these portable lights more certain and easy, they shall each 
be painted outside with the color of the light they respectfully contain, 
and shall be provided with suitable screens. 

Rule ten. All vessels, whether steam-vessels or sail- vessels, when at 
anchor in roadsteads or fairways, shall, between sunset and sunrise, 
exhibit where it can best be seen, but at a height not exceeding twenty 
feet above the hull, a white light in a globular lantern of eight inches 
in diameter, and so constructed as to show a clear, uniform, and un- 
broken light, visible all around the horizon, and at a distance of at least 
one mile. 

Rule eleven. Sailing pilot-vessels shall not carry the lights required 
for other sailing-vessels, but shall carry a white light at the mast-head, 
visible all around the horizon, and shall also exhibit a flare-up light 
every fifteen minutes. 

Rule twelve. Coal-boats, trading-boats, produce-boats, canal-boats, 
oyster-boats, fishing-boats, rafts, or other water-craft, navigating any 
bay, harbor, or river, by hand-power, horse-power, sail, or by the current 
of the river, or which shall be anchored or moored in or near the channel 
or fairway of any bay, harbor, or river, shall carry one or more good 
1NL 



50 

Avliite lights, which shall he placed iu such manner as shall be prescribed 
by the board of supervising inspectors of steam-vessels. 

Rule thirteen. Open boats shall not be required to carry the side- 
lights required for other vessels, but shall, if they do not carry such 
lights, carry a lantern having a green slide on one side and a red slide 
on the other side ; and, on the approach of or to other vessels, such 
lantern shall be exhibited in sufficient time to prevent collision, and in 
such a manner that the green light shall not be seen on the port side, 
nor the red light on the starboard side. Open boats, when at anchor 
or stationary, shall exhibit a bright white light. They shall not, 
however, be prevented from using a flare-up, in addition, if considered 
expedient. 

Rule fourteen. The exhibition of any light on board of a vessel of war 
of the United States may be suspended whenever, in the opinion of the 
Secretary of the Navy, the commander-in-chief of a squadron, or the 
commander of a vessel acting singly, the special character of the service 
may require it. 

FOG-SIGNALS. 

Rule fifteen. Whenever there is a fog, or thick weather, whether by 
day or night, fog-signals shall be used as follows : 

(A) Steam-vessels under way shall sound a steam-whistle placed be- 
fore the funnel, not less thau eight feet from the deck, at intervals of not 
more than one minute. 

(B) Sail-vessels under way shall sound a fog-horn at intervals of not 
more than five minutes. 

(C) Steam-vessels and sail-vessels, when not under way, shall sound 
a bell at intervals of not more than five minutes. 

(D) Coal-boats, trading-boats, produce-boats, canal-boats, oyster-boats, 
fishing-boats, rafts, or other water-craft, navigating auy hay, harbor, or 
river, by hand-power, horse-power, sail, or by the current of the river, 
or anchored or moored in or near the channel or fairway of any bay, 
harbor, or river, and not in any port, shall sound a fog-horn, or equivalent 
signal, which shall make a sound equal to a steam-whistle, at intervals 
of not more than two minutes. 

STEERING AND SAILING RULES. 

Rule sixteen. If two sail-vessels are meeting end on, or nearly end on, 
so as to involve risk of collision, the helms of both shall be put to port, 
so that each may pass on the port side of the other. 

Rule seventeen. When two sail-vessels are crossing so as to involve 
risk of collision, then, if they have the wind on different sides, the ves- 
sel with the wind on the port side shall keep out of the way of the ves- 
sel with the wind on the starboard side, except in the case in which the 
vessel with the wind on the port side is close-hauled, and the other ves- 
sel free, in which case the latter vessel shall keep out of the way. But 
if they have the wind on the same side, or if one of them has the wind 
aft, the vessel which is to windward shall keep out of the way of the 
vessel which is to leeward. 

Rule eighteen. If two vessels under steam are meeting end on, or 
nearly end on, so as to involve risk of collision, the helms of both shall 
be put to port, so that each may pass on the port side of the other. 

Rule nineteen. If two vessels under steam are crossing so as to involve 
risk of collision, the vessel which has the other on her own starboard 
side shall keep out of the way of the other. , 

Rule twenty. If two vessels, one of which is a sail-vessel and the 
other a steam-vessel, are proceeding in such directions as to involve risk 
of collision, the steam-vessel shall keep out of the way of the sail- vessel. 

Rule twenty-one. Every steam-vessel, when approaching another ves- 
sel, so as to involve risk of collision, shall slacken her speed, or, if nec- 
essary, stop and reverse; and every steam- vessel shall, when in a fog, 
go at a moderate speed. 

Rule twenty-two. Every vessel overtaking any other vessel shall keep 
out of the way of the last-mentioned vessel. 

Rule twenty-three. Where, by Rules seventeen, nineteen, twenty, and 
twenty-two, one of two vessels shall keep out of the way, the other shall 
keep her course, subject to the qualifications of Rule twenty-four. 

Rule twenty-four. In construing and obeying these rules, due regard 
must be had to all dangers of navigation, and to any special circum- 



51 

stances which may exist in any particular case rendering a departure 
from them necessary in order to avoid immediate danger. 

Sec. 4234. Collectors, or other chief officers of the customs, shall re- Forfeiture of 
quire all sail-vessels to he furnished with proper signal-lights, and every sailing-y e s s e 1 s 
sach vessel shall, on the approach of any steam-vessel during the night- nJht!^ 1881011 
time, show a lighted torch upon that point or quarter to which such 
steam-vessel shall be approaching. Every such vessel that shall be nav- 
igated without complying with the provisions of this and the preceding 
section, shall be liable to a penalty of two hundred dollars, one-half to 
go to the informer; for which sum the vessel so navigated shall be liable, 
and may be seized and proceeded against by way of libel, in any district 
court of the United States having jurisdiction of the offense. 

COMMODORES AND COMMANDERS. 

See Line Officers. 
CONGRESS. 

ELECTION OF SENATORS. 



Sec. 

14. When Senators to be elected. 

15. Mode of election. 

16. Vacancy occurring before meeting of legisla- 

ture. 



Sec. 

17. Vacancy during session of legislature. 

18. Election of Senators certified. 

19. Countersign of certificate. 



Sec. 14. The legislature of each State which is chosen next preceding Title 2, Cbap.l. 
the expiration of the time for which any Senator was elected to repre- when Senators 
sent such State in Congress shall, on the secoud Tuesday after the meet- to be elected. 
ing and organization thereof, proceed to elect a Senator in Congress. 

Sec. 15. Such election shall be conducted in the following manner: .Mode of elec- 
Each house shall openly, by a viva-voce vote of each member present, tion ' 
name one person for Senator in Congress from such State, and the name 
of the person so voted for, who receives a majority of the whole number 
of votes cast in each house, shall be entered on the journal of that house 
by the clerk or secretary thereof; or if either house fails to give such 
majority to any person on that day, the fact shall be entered on the 
journal. At twelve o'clock meridian of the day following that on which 
proceedings are required to take place as aforesaid, the members of the 
two houses shall convene in joint assembly, and the journal of each house 
shall then be read, and if the same person has received a majority of all 
the votes in each house, he shall be declared duly elected Senator. But 
if the same person has not received a majority of the votes in each house, 
or if either house has failed to take proceedings as required by this sec- 
tion, the joint assembly shall then proceed to choose, by a viva-voce 
vote of each member present, a person for Senator, and the person who 
receives a majority of all the votes of the joint assembly, a majority of 
all the members elected to both houses being present and voting, shall 
be declared duly elected. If no person receives such majority on the 
first day, the joint assembly shall meet at twelve o'clock meridian of 
each succeeding day during the session of the legislature, and shall take 
at least one vote, until a Senator is elected. 

Sic. 10. Whenever on the meeting of the legislature of any State a . Vacancy occur- 
vacancy exists in the representation of such State in the Senate, the F" 1 ^ ^, et " r( ] rneet " 
legislature shall proceed, on the second Tuesday after meeting and mg0 egis a ure. 
organization, to elect a person to fill such vacancy, in the manner pre- 
scribed in the preceding section for the election of a Senator for a full 
term. 

Sec. 17. Whenever during the session of the legislature of any State .Vacancy d u- 
a vacancy occurs in the representation of such State in the Senate, simi- w^i a ture.° n 
lar proceedings to fill such vacancy shall be had on the second Tuesday { 
after the legislature is organized and has notice of such vacancy. 

. 18. It shall be the duty of the executive of the State from which Election of Sen- 
any Senator has been chosen, to certify his election, under the seal of ators certmed ' 
the State, to the President of the Senate of the United States. 

. 19. The certificate mentioned in the preceding section shall be Countersign of 
countersigned by the secretary of state of the State. certificate. 



52 



APPORTIONMENT AND ELECTION OF REPRESENTATIVES. 



Sec. 

20. Number and apportionment of Representa- 

tives. 

21. Representatives assigned to new States. 

22. Reduction of representation under amendment 

14. 

23. Elections by districts. 

25. Time of election. 

26. Yacancies. 



Sec. 

27. Votes by ballot'. 
1863. Election of delegates. 

1905. Election in certain Territories. 

1906. Delegates to be citizens of United States. 
5511. Fraudulent voting. 

5515. Officers of elections. 

5520. Conspiracy against candidates. 

. Amending section 25. 



districts 



Title 2, Chap. 2. Sec. 20. After the third day of March, eighteen hundred and seventy- 
Number and three, the House of Representatives shall be composed of two hundred 

apportionment of and ninety-two members, to be apportioned among the several States 

Representatives, as follows : 

Maine, 5; New Hampshire, 3; Vermont, 3; Massachusetts, 11; Rhode 
Island, 2 ; Connecticut, 4 : New York, 33 ; New Jersey, 7; Pennsylvania, 27; 
Delaware, 1; Maryland, 6; Virginia, 9; North Carolina, 8; South Caro- 
lina, 5; Georgia, 9; Alabama, 8; Mississippi, 6 ; Louisiana, 6; Ohio, 20; 
Kentucky, 10 ; Tennessee, 10 ; Indiana, 13 ; Illinois, 19 ; Missouri, 13 ; 
Arkansas, 4 ; Michigan, 9; Florida, 2; Texas, 6; Iowa, 9; Wisconsin, 8 ; 
California, 4; Minnesota, 3; Oregon, 1; Kansas, 3; West Virginia, 3; 
Nevada, 1 ; Nebraska, 1. 
Representatives Sec. 21. Whenever a new State is admitted to the Uniou, the Repre- 

assigned to new sentatives assigned to it shall be in addition to the number two hundred 

btates ' and ninety-two.* 

Reduction of Sec. 22. Should any State deny or abridge the right of any of the 

u^d'e^ainen^ 11 - ma ^ e inhabitants thereof, being twenty-one years of age, and citizens of 

inent 14. * ne United States, to vote at any election named in the amendment to 

the Constitution, article fourteen, section two, except for participation 
in the rebellion or other crime, the number of Representatives appor- 
tioned to such State shall be reduced in the proportion which the num- 
ber of such male citizens shall have to the whole number of male citi- 
zens twenty-one years of age in such State. 
Electi o n s b y Sec. 23. In each State entitled under this apportionment to more than 
one Representative, the number to which such State may be entitled in 
the Forty-third and each subsequent Congress shall be elected by dis- 
tricts composed of contiguous territory, and containing as nearly as prac- 
ticable an equal number of inhabitants, and equal in number to the num- 
ber of Representatives to which such State may be entitled in Congress, 
no one district electing more than one Representative; but in the elec- 
tion of Representatives to the Forty-third Congress in any State to 
which an increased number of Representatives is given by this appor- 
tionment, the additional Representative or Representatives may be 
elected by the State at large, and the other Representatives by the dis- 
tricts as now prescribed bylaw, unless the legislature of the State shall 
otherwise provide before the time fixed by law for the election of Rep- 
resentatives therein. 
Time of elec- Sec. 25. The Tuesday next after the first Monday in November, in the 
year eighteen hundred and seventy-six, is established as the day, in each 
of the States and Territories of the United States, for the election of Rep- 
resentatives and Delegates to the Forty-fifth Congress ; and the Tuesday 
next after the first Monday in November, in every second year thereafter, 
is established as the day for the election, in each of said States and Ter- 
ritories, of Representatives and Delegates to the Congress commencing 
on the fourth day of March next thereafter. [See §§ ]863, 1905, 1906, 
and March 3, 1875, post.] 

Sec. 20. The time for holding elections in any State, District, or Ter- 
ritory for a Representative or Delegate to fill a vacancy, whether such 
vacancy is caused by a failure to elect at the time prescribed by law, or 
by the death, resignation, or incapacity of a person elected, may be pre- 
scribed by the laws of the several States and Territories respectively. 

Sec. 27. All votes for Representatives in Congress must be by written 
or printed ballot; and all votes received or recorded contrary to this 
section shall be of no effect. But this section shall not apply to any 
State voting otherwise whose election for Representatives occurs pre- 



tion. 



Yotes by ballot. 



* Senators, Representatives, and Delegates are entitled to five thousand dollars per 
annum, and mileage at the rate of twenty cents a mile going and returning at each 
regular session of Congress. The pay of the Speaker of the House is eight thousand 
dollars per annum. 



53 

vious to the regular meetiug of its legislature next after the twenty- 
eighth day of February, eighteen hundred aud seventy-one. [See §§ 
5511-5515, 5520.] 

Sec. 1S63. The first election of a Delegate iu any Territory for which a Title 23, Chap. 1. 
temporary government is hereafter provided by Congress shall be held Time p i aces 
at the time aud places aud iu the manner the governor of such Territory an d m ann er o f 
may direct, after at least sixty days' notice, to be given by proclamation ; electing Dele- 
but at all subsequent electioDs therein, as well as at all elections for a Del- » ate - 
egate iu orgauized Territories, such time, places, aud manner of holding 
the election^shall be prescribed by the law of each Territory. [ See $ 25.] 

Sec. 1905. The elections in the Territories of Washington and Idaho Title 2;? > Chap. 2. 
for Delegates to the House of Representatives shall be held biennially Elections in 
on the Tuesday next following the first Monday iu November ; and all Washington and 
elective territorial, county, and precinct officers shall hereafter he Idaho, 
elected at the times hereiu specified, uuless otherwise provided by legis- 
lation subsequent hereto, iu either of such Territories. [See § 25.] 

Sec. 1906. The Delegate to the House of Representatives from each of Delegate to 
the Territories of "Washington, Idaho, and Montana, must be a citizen of Congress, &c, to 
the United States be citizen ot 

rue l mteu fctates. United States. 

Sec. 5511. If, at any election for Representative or Delegate in Con- Title 70, Chap. 7. 

gress. any person knowingly personates and votes, or attempts to vote, — r~ — ~ — ~ 

in the name of any other person, whether living, dead, or fictitious ; or ino . ra ^ u ®£ J° c .' 
votes more than ouce at the same election for any candidate for the same tions for Eepre- 
otfice : or votes at a place where he may not be lawfully entitled to vote ; sentative to Con- 
or votes without having a lawful right to vote : or does any unlawful g ress - 
act to secure an opportunity to vote for himself, or any other person ; or 
by force, threat, intimidation, bribery, reward, or offer thereof, unlaw- 
fully prevents any qualified voter of any State, or of any Territory, from 
freely exercising the right of suffrage, or by any such means induces any 
voter to refuse to exercise such right, or compels, or induces, by any such 
means, auy officer of an election~in any such State or Territory to re- 
ceive a vote from a person not legally qualified or eutitled to vote ; or 
interferes in any manner with auy officer of such election in the dis- 
charge of his duties; or by any such means, or other unlawful means, 
induces any officer of an election or officer whose duty it is to ascertain, 
announce, or declare the result of any such election, or give or make any 
certificate, document, or evidence in relatiou thereto, to violate or refuse 
to comply with his duty or any law regulating the same ; or knowingly 
receives the vote of any person not entitled to vote, or refuses to receive 
the vote of auy person entitled to vote, or aids, counsels, procures, or 
advises auy such voter, person, or officer to do any act hereby made a 
crime, or omit to do any duty the omission of which is hereby made a 
crime, or attempt to do so, he shall be punished by a fine of not more than 
five hundred dollars, or by imprisonment not more than three years, or 
by both, and shall pay the costs of the prosecution. 

Sec. 5515. Every officer of an election at which any Representative or Violation of 
Delegate in Congress is voted for, whether such officer of election be ap- d ^y by officers 
pointed or created by or under any law or authority of the United States, election, 
or by or under any State, territorial, district, or municipal law or au- 
thority, who neglects or refuses to perform any duty in regard to such 
election required of him by auy law of the United States, or of any State 
or Territory thereof: or who violates any duty so imposed ; or who know- 
ingly does any acts thereby unauthorized, with intent to affect any such 
election, or the result thereof; or who fraudulently makes any false cer- 
tificate of the result of such election in regard to such Representative or 
Delegate ; or who withholds, conceals, or destroys any certificate of 
record so required by law respectingthe election of any such Represent- 
ative or Delegate ; or who neglects or refuses to make and return such 
certificate as required by law ; or who aids, counsels, procures, or ad- 
any voter, person, or officer to do any act by this or any of the pre- 
ceding sections made a crime, or to omit to do any duty the omission of 
which is by this or any of such sections made a crime, or attempts to 
do so, shall be punished as prescribed in section fifty-five hundred and 
ten [8ee $ 5511.] 

. 5520. If two or more persons in any State or Territory conspire to Conspiracy to 
prevent by force, intimidation, or threat, any citizen who is lawfully en- port of any caiuti- 
titled to vote, from giving his support or advocacy, in a legal manner, date, &c. 



54 

toward or in favor of the election of any lawfully qualified person as an 
elector for President or Vice-President, or as a member of the Congress 
of the United States ; or to injure any citizen in person or property on 
account of such support or advocacy ; each of such persons shall be pun- 
ished by a fine of not less than five hundred nor more than five thousand 
dollars, or by imprisonment, with or without hard labor, not less than 
six months nor more than six years, or by both such fine and imprison- 
ment. 

[From Sundry Civil Bill. Sec. 6.] 

R. S., 25, modi- That section twenty-five of the Revised Statutes prescribing the time 
fied. for holding elections for Representatives to Congress, is hereby modified 

so as not to apply to any State that has not yet changed its day of elec- 
tion, and whose constitution must be amended in order to effect a change 
in the day of the election of State officers in said State. 
Approved March 3, 1875. 

CHANGE OF PLACE OF MEETING. 



Title 2, Chap, 3. Sec. 34. Whenever Congress is about to convene, and from the prev- 

— - — — — 7 alence of contagious sickness, or the existence of other circumstances, 

change > p"ace° af** wou ^' i Q tne opinion of the President, be hazardous to the lives or 
meeting, when, health of the members to meet at the seat of Government, the President 

is authorized, by proclamation, to convene Congress at such other place 

as he may judge proper. 



CONGRESSIONAL INVESTIGATIONS. 



Sec. 

101. Oaths to witnesses, by whom administered. 

102. Refusal of witnesses to testify. 

103. No privilege to refuse to answer criminating 

questions. 



Sec. 

104. Proceedings against witnesses failing to tes- 
tify. 

859. Testimony not to be used in criminal prose- 
cution. 



Title 2, Chap. 7. Sec. 101. The President of the Senate, the Speaker of the House of 
Oaths to wit- Representatives, or a chairman of a Committee of the Whole, or of any 
nesses, by whom committee of either House of Congress, is empowered to administer 
administered. oaths to witnesses in any case under their examination. 

Refusal of wit- g EC> iQ2. Every person who, having been summoned as a witness by 
ness to testi y. ^ e au thority f either House of Congress, to give testimony or to pro- 
duce papers upon any matter under inquiry before either House, or any 
committee of either House of Congress, willfully makes default, or who, 
having appeared, refuses to answer any question pertinent to the ques- 
tion under inquiry, shall be deemed guilty of a misdemeanor, punisha- 
ble by a fine of not more than one thousand dollars nor less than one 
hundred dollars, and imprisonment in a common jail for not less than 
one month nor more than twelve months. 
No privilege to Sec. 103. No witness is privileged to refuse to testify to any fact, 
refuse to answer or to produce any paper, respecting which he shall be examined by 
criminating ques- either House of Congress, or by any committee of either House, upon 
tl0ns - the ground that his testimony to such fact or his production of such 

paper may tend to disgrace him or otherwise render him infamous. 
[See § 859.] 
Proceedings Sec. 104. Whenever a witness summoned as mentioned in section one 
against witnesses hundred and two fails to testify, and the facts are reported to either 
failing to testify. House, the President of the Senate or the Speaker of the House, as the 
case may be, shall certify the fact under the seal of the Senate or House 
to the district attorney for the District of Columbia, whose duty it shall 
be to bring the matter before the grand jury for their action. 



Title 13, Chap.17. Sec. 859. No testimony given by a witness before either House, or be- 
Testimonv of ^ ore an y committee of either House of Congress, shall be used as evidence 
witnesses not ad- i n an y criminal proceeding against him in any court, except in a prose- 
missible against cution for perjury committed in giving such testimony. But an official 
them in criminal paper or record produced by him is not within the said privilege. [See 
prosecutions. * ^3 "j 



55 



C0XGRES3I0XAL DIRECTORY. 

Sec. 77. A congressional directory shall be compiled at each session Title 2, Chap. 5. 

of Congress under the direction of the Joint Committee on Public ~ ; : 

Printing, and the first editiou for each session shall be ready for dis- Di ^" t ^ r r essiouaI 
tribution within one week after the commencement thereof. 



Sec. 3301. The first edition of the Congressional Directory for each 
session shall be printed and ready for distribution within one week after 
the commencement thereof. [See 77.] 



Title 45. 



CONSULAR OFFICEBS. 

See Diplomatic Officers, also Foreign Relations. 



CONTINGENT FUND. 



Sec. 

3682. Restrictions on contingent appropriations. 

3683. Upon purchases from contingent fund. 



See. 
193. Annual report of expenditure. 

1779. Expenditure for newspapers. 
1750. Failure to make report. 

Sec. 193. Tbe head of each Department shall make an annual report Title 4. 
to Congress, giving a detailed statement of the manner in which the ~^ ~ " 

contingent fund for his Department, and for the Bureaus and offices f expe^ndititr^ot 
therein, has been expended, giving the names of every person to whom contingent funds, 
any portion thereof has been paid; and if for anything furnished, the 
quantity and price; and if for any service rendered, the nature of such 
service, and the time employed, and the particular occasion or cause, in 
brief, tbnt rendered such service necessary; and the amount of all former 
appropriations in each case on hand, either in the Treasury or in the 
hands of any disbursing officer or agent. And he shall require of the 
disbursing officers, acting under his direction and autborit3 T , the return 
of precise and analytical statements and receipts for all the moneys 
which may have been from time to time during the next preceding year 
expended by them, and shall communicate the results of such returns 
and the sums total, annually, to Congress. 

Sec. 1779. No executive officer, other than the heads of Departments, 
shall apply more than thirty dollars, annually, out of the Contingent Expenditure for 
Fund under his control, to pay for newspapers, pamphlets, periodicals newspapers, 
or other books or prints not necessary for the business of his office. 

Sec. 1780. Every officer who neglects or refuses to make any return Failure to make 
or report which he is required to make at stated times by any act of returns or re- 
Congress or regulation of the Department of the Treasury, other than P orts - 
his accounts, within the time prescribed by such act or regulation, shall 
be fined not more than one thousand dollars and not less than one 
hundred. 

Sec. 3682. Xo moneys appropriated for contingent, incidental or mis- Title 41. 
cellaneous purposes shall be expended or paid for official or clerical com- Restrictions on 
pensation. contingent, &c, 

appropriations. 

Sec. 3683. Xo part of the Contingent Fund appropriated to any De- Upon purchases 
partment, Bureau, or office, shall be applied to the purchase of any from contingent 
articles except such as the head of the Department shall deem necessary funtls - 
and proper to carry on the business of the Department, Bureau, or office, 
and shall, by written order, direct to be procured. [See § 192, News- 
papers, &c] 

CONTRACTS, SUPPLIES, ETC. 



Regulations of supplies. 

Advances of public money on contracts. 

3709. Advertisements for proposals. 

3710. Opening bids. 

3714. Contracts foe the military or naval service, 
how controlled. 

3718. Naval supplies to be furnished by contract. 

3719. Guarantee. 

3190. Record of hi<l and report to Congress. 

3721. Purchase without advertisements. 

37aS. "What bids may be rejected, &c.; opening bids. 



Sec. 

37-23. Contracts for foreign supplies for the Navy. 

3724. Rejection of excessive bids. 

3725. Hemp. 

3726. Preserved meats, &c. 

3727. Flour and bread. 

3728. Home manufactures to he preferred. 

3729. Bunting. 

3730. Relinquishment of reservations on deliveries. 

3731. Name of contractor to appear on supplies. 

3732. Unauthorized contracts prohibited. 



56 



Sec. 

3733. Xo contract to exceed appropriation. 

3734. Restrictions on commencement of new build- 

ings. 

3735. Contracts limited to one year. 

3736. Restriction on purchases' of land. 

3737. Xo transfer of contract. 

3738. Eight hours to be a day's work. 

3739. Members of Congress not to be interested in 

contracts. 

3740. "What interest members of Congress may 

have. 



Sec. 
374i. Stipulation that no member of Congress has 

an interest. 
3742. Penalty against officer for making contract 

■with a member of Congress. 
o743. Deposit of contracts. 

3744. Contracts to be in writing. 

3745. Oath to contract. 

3746. Penalty for omitting returns. 

3747. Instructions. 

5503. Officer of the Government contracting be- 
yond specific appropriation. 



Title 15, Chap. 7. Sec. 1549. It shall be the duty of the President to make, subject to 
Regulations of^ e P rov i s i oris °f * aw concerning supplies, such regulations for the pur- 
supplies, chase, preservation, and disposition of all articles, stores, and supplies 
for persons in the Navy, as may be necessary for the safe and economi- 
cal administration of that branch of the public service. 

Sec. 3648. No advance of public money shall be made in any case 



Advances f whatever. And * u a ^ cases of contracts for the performance of any 
public money on service, or the delivery of articles of any description, for the use of the 
contracts. United States, payment shall not exceed the value of the service ren- 

dered, or of the articles delivered previous to such payment. * * * 

Title 43. 



Sec. 3709. All purchases and contracts for supplies or services, in any 

"'., t . ~ of the Departments of the Government, except for personal services, 

for proposals. 611 S shall be made by advertising a sufficient time previously for proposals 
respecting the same, when the public exigencies do not require the im- 
mediate delivery of the articles, or performance of the service. When 
immediate delivery or performance is required by the public exigency, 
the articles or service required may be procured by open purchase or 
contract, at the places and in the manner in which such articles are 
usually bought and sold, or such services engaged, between indi- 
viduals. 
Opening bids. Sec. 3710. Whenever proposals for supplies have been solicited, the 
parties responding to such solicitation shall be duly notified of the time 
and place of opening the bids, and be permitted to be present either in 
person or by attorney, and a record of each bid shall then and there be 
made. 
Contracts for Sec. 3714. All purchases and contracts for supplies or services for the 
the military or military and naval service shall be made by or under the 1 direction of 
howconSolkd 6 ' the chief officers of the Departments of AVar and'of the Navy, respect- 
ively. [See §§ 512-515, Ketukns Office.] 
Naval supplies Sec. 3718. All provisions, clothing, hemp, and other materials of every 
to be furnished name and nature, for the use of the Navy, and the transportation thereof, 



by contract. 



Guarantee 
bid. 



when time will permit, shall be furnished by contract, by the lowest 
bidder, as follows: In the case of provisioDS, clothing, hemp, and other 
materials, the Secretary of the Navy shall advertise, once a week, for at 
least four weeks, in one or more of the principal papers published in the 
place where such articles are to be furnished, for sealed proposals for 
furnishing the same, or the whole of any particular class thereof, speci- 
fying the classes of materials and referring bidders to the several chiefs 
of Bureaus, who will furnish them with printed schedules, giving a full 
description of each and every article, with dates of delivery, and so forth. 
In the case of transportation of such articles, he shall advertise for a 
period of not less than five days. All such proposals shall be kept sealed 
until the day specified in such advertisement for opening the same, 
when they shall be opened by or under the direction of the officer mak- 
ing such advertisement, in the presence of at least two" persons. The 
person offering to furnish any clasa of such articles, and giving satisfac- 
tory security for the performance thereof, under a forfeiture not exceeding 
twice the contract price in case of failure, shall receive a contract for 
furnishing the same. 
f Sec. 3719. Every proposal for naval supplies invited by the Secretary 
of the Navy, under the preceding section, shall be accompanied by a 
written guarantee, signed by one or more responsible persons, to the 
effect that he or they undertake that the bidder, if his bid is accepted, 
will, at such time as may be prescribed by the Secretary of the Navy, 
give bond, with good and sufficient sureties, to furnish the supplies pro- 
posed; and no proposal shall be considered, unless accompanied by such 
guarantee. If, after the acceptance of a proposal, and a notification 



57 

thereof to the bidder, lie fails to give such bond within the time pre- 
scribed by the Secretary of the Navy, the Secretary shall proceed to 
contract with some other person for furnishing the supplies ; and shall 
forthwith cause the difference between the amount contained in .the 
proposal so guarauteed and the amount for which he may have cou- 
tracted for furnishiug the supplies, for the whole period of the proposal, 
to be charged up against the bidder aud his guarantor ; aud the same 
may be immediately recovered by the United States, for the use of the 
Navy Department, in an action of debt against either or all of such 
persons. 

Sec. 3720. All such proposals for naval supplies shall be preserved Record of bid 
aud recorded, and reported by the Secretary of the Navy to Congress at and report to Con- 
the commencement of every regular session. The report shall contain gress. 
a schedule embracing the offers by classes, indicating such as have beeu 
accepted. In case of a failure to supply the articles or to perform the 
work by the person entering into such contract, he and his sureties shall 
be liable for the forfeiture specified in such contract, as liquidated dam- 
ages, to be sued for in the name of the United States. 

Sec. 3721. The provisions which require that supplies shall be pur- Purchases with- 
chased by the Secretary of the Navy from the lowest bidder, after ad- out advertise - 
vertisement, shall not apply to ordnance, gunpowder, or medicines, or ment9 ' 
the supplies which it may be necessary to purchase out of the United Ordnance, gun- 
States for vessels on foreign stations, or bunting delivered for the use powder, medi- 
of the Navy, or tobacco, or butter or cheese destined for the use of the ^ u t < l s ' toba ° c ° - 
Navy, or things contraband of war. Contracts for butter and cheese contraband e6 o°i' 
for the use of the Navy may be made for periods longer than one year, war. 
if. in the opinion of the Secretary of the Navy, economy and the quality 
of the ration will be promoted thereby. The Secretary of the Navy may 
enter into contracts for tobacco, from time to time, as the service re- 
quires, for a period not exceeding four years ; aud in making such con- 
tracts he shall not be restricted to the lowest bidder, unless, in his 
opinion, ecouomy and the best interests of the service will be thereby 
promoted. 

Sec. 3722. The chief of any Bureau of the Navy Department, in con- What bids may 
tracting for naval supplies, shall be at liberty to reject the offer of any be rejected, 
person who, as principal or surety, has beeu a defaulter in any previous 
contract with the Navy Department. Parties who have made default 
as principals or sureties iu any former contract shall not be received as 
sureties on other contracts ; nor shall the copartners of any firm be re- 
ceived as sureties for such firm or for each other ; nor, in contracts with 
the same Bureau, shall one contractor be received as surety for auother. 
Every contract shall require the delivery of a specified quantity, and no 
bids having nominal or fictitious prices shall be considered. If more 
than one bid be offered by any one party, by or in the name of his or 
their clerk, partner, or other person, all such bids may be rejected ; and 
no person shall be received as a contractor who is not a manufacturer of, 
or regular dealer in, the articles which he offers to supply. All persons Opening bids, 
offering bids shall have the right to be present when the bids are opened 
and inspect the same. 

Sec. 3723. No chief of a Bureau shall make any contract for supplies foSgn^suppliel 
for the Navy, to be executed in a foreign country, except it be on first for the Navy, 
advertising for at least thirty days in two daily newspapers of the city 
of New York, inviting sealed bids for furnishing the supplies desired ; 
which bids shall be opened in the presence of the Secretary of the Navy 
and the heads of two Bureaus; and contracts shall in all cases be 
awarded to the lowest bidder; and paymasters for the Navy on foreign 
stations shall render, when practicable, with their 'accounts, an official 
certificate from the resident consul, or commercial or consular agent 
of the United States, if there be one, tobe furnished gratuitously, vouch- 
ing that all purchases and expenditures made by the paymasters were 
made at the ruling market-prices of the place at the time of purchase or 
expenditure. 

Si;c.< J ,724. Where articles are advertised and bid for in classes, and Rejection of cx- 
in the judgment of the Secretary of the Navy any one or more articles cessive bids, 
appear to be bid for at excessive or unreasonable prices, exceeding ten 
per centum above their fair market-value, he shall be authorized to re- 
ject such bid. 

SBC. 3725. All hemp, or preparations of hemp, used for naval pur- Hemp. 
by the Government of the United States, shall be of American 



58 

growth or manufacture, when the same can be obtained of as good 
quality and at as low a price as foreign hemp. 
Preserved Sec. 3726. The Secretary of the Navy is authorized to procure the 
meats, &c. preserved meats, pickles, butter, and desiccated vegetables, in such man- 

ner and under such restrictions and guarantees as in his opinion will 
best insure the good quality of said articles. 
Flour and Sec. 3727. The Secretary of the Navy is authorized to purchase, in 
bread, such manner as he shall deem most advantageous to the Government, 

the flour required for naval use ; and to have the bread for the Navy 
baked from this flour by special contract under naval inspection. 
Home maim- Sec. 3728. The Secretary of the Navy, in making contracts and pur- 
facturestDbepre- chases of articles for naval purposes, shall give the preference, all other 
ierred. things, including price and quality, being equal, to articles of the growth, 

production, and manufacture of the United States. In purchasing fuel 
Fuel, for the Navy, or for naval stations and yards, the Secretary of the Navy 

shall have power to discriminate and purchase, in such mauner as he 
may deem proper, that kind of fuel which is best adapted to the purpose 
for which it is to be used. 
Bunting Sec. 3729. The Secretary of War, the Secretary of the Navy, and the 

Secretary of the Treasury may enter into contract, in open market, for 
bunting of American manufacture, as their respective services require, 
for a period not exceeding one year, and at a price not exceeding that 
at which an article of equal quality can be imported. 
Relinquishment Sec. 3730. The Secretary of the Navy may relinquish and pay all res- 
of reservations ervations of the ten per centum upon deliveries made under contracts 
on e lvenes. w ith the Navy Department, where these reservations have arisen and 
the contracts have been afterward extended, or where the contracts have 
been completed after the time of delivery, by and with the consent of 
the Department, or where the contracts have been dissolved by the like 
consent, or have been terminated, or an extension thereof has been pre- 
vented by operation of law, where no injury has been sustained by the 
public service. 
Name of con- Sec. 3731. Every person who shall furnish supplies of any kind to the 
tractor to appear Army or Navy shall be required to mark and distinguish the same with 
on supplies., ^ ne uame f the contractor furnishing such supplies, in such manner as 
the Secretary of War and the Secretary of the Navy may, respectively, 
direct ; and no supplies of any kind shall be received, unless so marked 
and distinguished. 
Unauthorized Sec. 3732. No contract or purchase on behalf of the United States 
contracts piohib- shall be made, unless the same is authorized by law or is under an 
lte * appropriation adequate to its fulfillment, except in the War and Navy 

Departments, for clothing, subsistence, forage, fuel, quarters, or trans- 
portation, which, however, shall not exceed the necessities of the cur- 
rent year. 
No contract to Sec. 3733. No contract shall be entered into for the erection, repair, or 
exceed appropri- furnishing of any public building, or for any public improvement which 
ation. shall bind the Government to pay a larger sum of money than the 

amount in the Treasury appropriated for the specific purpose. [See 
§5503.] 
Restrictions on ^ec. 3734. Before any new buildings for the use of the United States 
commence m e n t are commenced, the plans and full estimates therefor shall be prepared 
of new buildings, and approved by the Secretary of the Treasury, the Postmaster-Gen- 
eral, and the Secretary of the Interior ; and the cost of each building 
shall not exceed the amount of such estimate. [See § 3663, Appropria- 
tions.] 
Contracts lim- Sec. 3735. It shall not be lawful for any of the Executive Departments 
ited to one year. ^ ma k e contracts for stationery or other supplies for a longer term than 
one year from the time the contract is made. 
Restriction on Sec. 3736. No land shall be purchased on account of the United States, 
purchasesofland. exce p^ under a law authorizing such purchase. 

No transfer of Sec. 3737. No contract or order, or any interest therein, shall be trans - 
contracts. ferred by the party to whom such contract or order is given to any other 

party, and any such transfer shall cause the annulment of the centract 
or order transferred, so far as the United States are concerned. All rights 
of action, however, for any breach of such contract by the contracting 
parties, are reserved to the United States. 
Eight hours to Sec. 3738. Eight hours shall constitute a day's work for all laborers, 
be a day's work. W orkmen, and mechanics who may be employed by or on behalf of the 
Government of the United States. [See § 3689, under Appropria- 
tions.] 



59 

Sec. 3739. Xo member of or Delegate to Congress shall directly or Members of 
indirectly, himself, or by any other person in trust for him, or for his Congress u °t to 
use or benefit, or on his account, undertake, execute, hold, or enjoy, in con tracts. L 
whole or in part, auy contract or agreement made or entered into in 
behalf of the United States, by any officer or persou authorized to make 
contracts on bebalf of the United States. Every person who violates 
this section shall be deemed guilty of a misdemeanor, and shall be fined 
three thousand dollars. All contracts or agreements made in violation of 
this section shall be void ; and whenever auy sum of money is advanced 
on the part of the United States, in consideration of any such contract 
or agreement, it shall be forthwith repaid ; and in case of refusal or delay 
to repay the same, when demanded, by the proper officer of the Depart- 
ment under whose authority such contract or agreement shall have been 
made or entered into, every person so refusing or delaying, together 
with his surety or sureties, shall be forthwith prosecuted at law tor the 
recovery of auy such sum of money so advanced. 

Sec. 3740. Nothing coutained in the preceding section shall extend, members^f "corf- 
or be construed to extend, to auy contract or agreement, made or entered gress may have. 
into, or accepted, by any incorporated company, where such contract or* . 
agreement is made for the general benefit of such incorporation or com- 
pany : nor to the purchase or sale of bills of exchange or other property 
by any member of Congress, where the same are ready for delivery, 
and payment therefor is made, at the time of making or entering into 
the contract or agreement. 

Sec. 3741. In every such contract or agreement to be made or entered Stipulation that 
into, or accepted by or on behalf of the United States, there shall be in- Congress has an 
serted an express condition that no member of Congress shall be admit- interest, 
ted to any share or part of such contract or agreement, or to any benefit 
to arise thereupon. 

Sec. 374-2. Every officer who, on behalf of the United States, directly Penalty against 
or indirectly makes or enters into any contract, bargain, or agreement contract wit h" a 
in writing or otherwise, other than such as are hereinbefore excepted, member of Con- 
with any member of Congress, shall be deemed guilty of a misdemeanor, gress. 
and shall be fined three thousand dollars. " ■ 

Sec. 3743. All contracts to be made, by virtue of any law, and requir- Deposit of con- 
ing the advance of money, or in any manner connected with the settle- tracts - 
ment of public accounts, shall be deposited in the office of the First 
Comptroller of the Treasury of the United States, within ninety days 
after their respective dates. 

Sec. 3744. It shall be the duty of the Secretary of War, of the Secre- . Contracts to be 
tary of the Xavy, and of the Secretary of the Interior, to cause and re- ia wn g " 
quire every contract made by them severally on behalf of the Govern- 
ment, or by their officers under them appointed to make such contracts, 
to be reduced to writing, and signed by the contracting parties with 
their names at the end thereof; a copy of which shall be filed by the 
officer making and signing the contract in the Returns Office of the De- 
partment of the Interior, as soon after the contract is made as possible, 
and within thirty days, together with all bids, offers, and proposals to 
him made by persons to obtain the same, and with a copy of any adver- 
tisement he may have published inviting bids, offers, or proposals for 
the same. All the copies and papers in relation to each contract shall 
be attached together by a ribbon and seal, and marked by numbers in 
regular order, according to the number of papers composing the whole 
return. [See v\o 512-515, Returns Office.] 

Sec. 3745. It shall be the further duty of the officer, before making Oath to con- 
bis return, according to the preceding section, to affix to the same his tract - 
affidavit in the following form, sworn to before some magistrate having 
authority to administer oaths: "I do solemnly swear (or affirm) that 
the copy of contract hereto annexed is an exact copy of a contract made 

by me personally with ; that I made the same fairly without any 

benefit or advantage to myself, or allowing any such benefit or advant- 
age corruptly to the said , or any other person : and that the 

papers accompanying include all those relating to the said contract, as 
required by the statute in such case made and jnovided." 

3746. Every officer who makes any contract, and fails or neglects renal ty for 
to make return of the same, according to the provisions of the two pre- omitting returns, 
ceding sections, unless from unavoidable accident or causes not within 
his control, shall be deemed guilty of a misdemeanor, and shall be fined 
not less than one hundred dollars nor more than five hundred, and im- 
prisoned not more than six months. 



60 

Instructions. Sec. 3747. It shall be the duty of the Secretary of War, of the Secre- 
tary of the Navy, and of the Secretary of the Interior to furnish every 
officer appointed by them with authority to make contracts on behalf of 
the Government with a printed letter of instructions, setting forth the 
duties of such officer, under the two preceding sections, and also to fur- 
nish therewith forms, printed in blank, of contracts to be made, and the 
affidavit of returns required to be affixed thereto, so that all the instru- 
ments may be as nearly uniform as possible. 

Title 70, Chap. 6. Sec. 5503. Every officer of the Government who knowingly contracts 
Officer of the *° r t ^ e erection, repair, or furnishing of any public building, or for any 
Government con- public improvement, to pay a larger amount than the specific sum ap- 
tracting beyond propriatecf for such purpose, shall be punished by imprisonment not less 
specific appropri- than six months nor more than two years, and shall pay a fine of two 
atlon - thousand dollars. [See $ 3733.] 

CO-OPEKATICM WITH THE AEMY. 

Sec. 1135. Supplies to naval and marine detachments. 
Title 14, Chap. 1. Sec. 1135. The officers of the Quartermaster's Department shall, upon 
Supplies to* ne requisition- of the naval or marine officer commanding' any detach- 
naval and marine ment of seamen or marines under orders to act on shore, in co-operation 
detachments. with land troops, and during the time such detachment is so acting or 
proceeding to act, furnish the officers and seamen with camp equipjmge, 
together with transportation for said officers, seamen, and marines, their 
baggage, provisions, and cannon, and shall furnish the naval officer com- 
manding any such detachment, and his necessary aids, with horses, accou- 
terments, and forage. 

COOLY-TKADE. 

See Immigration. 



COUKT OF CLAIMS. 

[For Supreme, Circuit, and District Courts, see Judiciary.] 



Sec. 
188. Evidence to be furnished by the Depart- 
ments. 
1052. Sessions and quorum. 
1059, ~ 
1060, 



1077. 
1078. 
1079. 

1080. 
1081. 



Jurisdiction. 

Private claims in Congress, when transmit- 
ted to Court of Claims. 

1061. Judgment for set-oft or counter-claim, how 

enforced. 

1062. Decree on account of paymasters, &c. 

1063. Claims referred by Departments. 

1064. Procedure in cases transmitted by Depart- 

ments. 

1065. Judgments in cases transmitted by Depart- 

ments, how paid. 

1066. Claims growing out of treaties not cogni- 

zable therein. 

1067. Claims pending in other courts not to be 

prosecuted in Court of Claims. 

1068. Aliens. 

1069. Limitation. 

1070. Pules of practice ; contempts. 

1071. Oaths and acknowledgments. 

1072. Petition. 

1073. Petition dismissed if issue found against 

claimant as to allegiance, &c. 

Title 4. Sec. 188. In all suits brought against the United States in the Court 

Evidence to be °^ Claims founded upon any contract, agreement, or transaction with 
furnished by the an y Department, or any Bureau, officer, or agent of a Department, or 
Department's in where the matter or thing on which the claim is based has been passed 
suits pending in U p 0n an( j decided by any Department, Bureau, or officer authorized to 
Claims ° Urt ° a ^just it, the Attorney-General shall transmit to such Department, Bu- 
reau, or officer, a printed copy of the petition filed by the claimant, with 
a request that the Department, Bureau, or officer, shall furnish to the 
Attorney-General all facts, circumstances, and evidence touching the 
claim in the possession or knowledge of the Department, Bureau, or 
officer. Such Department, Bureau, or officer shall, without delay, and 
within a reasonable time, furnish the Attorney-General with a full state- 



Sec. 

1074. Burden of proof and evidence as to loyalty. 

1075. Commissioner to take testimony. 

1076. Power to call upon Departments for infor- 
mation. 

When testimony not to be taken. 
Witnesses not excluded on account of color. 
Parties and persons interested excluded as 

witnesses. 
Examination of claimant. 
Testimony taken where deponent resides. 

1082. Witnesses, how compelled to attend before 
commissioners. 

1083. Cross-examination. 

1084. Witnesses, how sworn. 

1085. Fees of commissioner, by whom paid. 

1086. Claims forfeited for fraud. 

1087. New trial on motion of claimant. 

1088. New trial on motion of United States. 

1089. Payment of judgments. 

1090. Interest. 

1091. Interest on claims. 

1092. Payment of judgment a full discharge, &c. 

1093. Einal judgments a bar. 



61 

ment, in writing, of all such facts, information, and proofs. The state- 
ment shall contain a reference to or description of all such official docu- 
ments or papers, if any, as may furnish proof of facts referred to in it, 
or may he necessary and proper for the defense of the United States 
against the claim, "mentioning the Department, office, or place where 
the same is kept or may be procured. If the claim has been passed 
upon and decided by the Department, Bureau, or officer, the statement 
shall succinctly state the reasons and principles upon which such decis- 
ion was based. In all cases where such decision was founded upon any 
act of Congress, or upon any section or clause of such act, the same 
shall be cited specifically ; and if any previous interpretation or con- 
struction has been giveu to such act, section, or clause by the Depart- 
ment, Bureau, or officer, the same shall be set forth succinctly in the 
statement, and a copy of the opinion filed, if any, shall be annexed to 
it. Where any decision in the case has been based upon any regulation 
of a Department, or where such regulation has, in the opinion of the 
Department, Bureau, or officer transmitting such statement, any bearing 
upon the claim in suit, the same shall be distinctly quoted at length in 
the statement. But where more than one case, or a class of cases, is pend- 
ing, the defense to which rests upon the same facts, circumstances, and 
proofs, the Department, Bureau, or officer shall only be required to cer- 
tify and transmit one statement of the same, and such statement shall 
be held to apply to all such cfases, as if made out, certified, and trans- 
mitted in each ease respectively. 

Sec. 1052. The Court of Claims shall hold one aunual session, at the Title l3,Cliap.20. 

city of Washington, beginning on the first Monday in December, and — — ; 

continuing as long as may be necessary for the prompt disposition of rtl ^ ssl0Ils ' <1U0 " 
the business of the court. And any two of the judges of said court 
shall constitute a quorum, and may hold a court for the transaction of 
business.* 

Sec. 1059. The Court of Claims shall have jurisdiction to hear and Title 13, CIiap.21. 
determine the folio wiug matters : Jurisd" f 

First. All claims founded upon any law of Congress, or upon any reg- Claims founded 
ulation of an Executive Department, or upon any contract, expressed cm statutes or 
or implied, with the Government of the United States, and all claims contracts, or re- 
which may be referred to it by either House of Congress. iress C ° n 

Second. All set-offs, counter-claims, claims for damages, whether liqui- Set- offs and 
dated or unliquidated, or other demands whatsoever, on the part of the counter-claims of 
Government of the United States against any person making claim btates. 

against the Government in said court. 

Third. The claim of any paymaster, quartermaster, commissary of Disbursing offi- 
subsistence, or other disbursing officer of the United States, or of his cera - 
administrators or executors, for relief from responsibility on account of 
capture or otherwise, while in the line of his duty, of Government funds, 
vouchers, records, or papers in his charge, and for which such officer 
was and is held responsible. 

Fourth. Of all claims for the proceeds of captured or abandoned prop- Claims for cap- 
erty, as provided by the act of March 12, eighteen hundred and sixty- turea and aban- 
three, chapter one hundred and twenty, entitled "An act to provide for one l )10 P ertv * 
the collection of abandoned property and for the prevention of frauds 
in insurrectionary districts within the United States," or by the act of 
July two, eighteen hundred and sixty-four, chapter two hundred and 
twenty-five, being an act in addition thereto : Provided, That the rem- 
edy given in cases of seizure under the said acts, by preferring claim in 
the Court of Claims, shall be exclusive, precluding the owner of any 
property taken by ageuts of the Treasury Department as abandoned or 
captured property in virtue or under color of said acts from suit at com- 
mon law, or any other mode of redress whatever, before any court 
other than said Court of Claims, t 

' Auy three judges of the Court of Claims shall constitute a quorum; Provided, 
That the concurrence of three judges shall be necessary to the decision of auy case. 
(Approved June 23, 1874.) 

t Amendatory acL— Section one thousand and fifty-nine is amended by adding to the 
fourth paragraph the following additional proviso: 'Provided also, That the juris- 
diction of the Court of Claims shall not. extend to any claim against the United States 
growing out. of the destruction or appropriation of, or damage to, property by the 
Army or Navy engaged in the suppression of the rebellion." (Approved February 
18, 1-75.) 



62 

Private claims Sec. 1060. All petitions and bills praying or providing for the satis- 
wheii ( transmit-^ ac ^ on °^ P r ^ vate claims against the Government, founded upon any 
ted to Court ofl aw of Congress, or upon any regulation of an Executive Department, 
Claims. or upon any contract, expressed or implied, with the Government of the 

United States, shall, unless otherwise ordered by resolution of the 
House in which they are introduced, be transmitted by the Secretary 
of the Senate or the Clerk of the House of Kepresentatives, with all the 
accompanying documents, to the Court of Claims. 
Judgments for Sec. 1061. Upon the trial of any cause in which any set-off, counter- 
claim °ho OUnt eu c ^ a ^ m ' claim f° r damages, or other demand is set up on the part of the 
forced. W "Government against any person making claim against the Government 
in said court, the court shall hear and determine such claim or demand 
both for and against* the Government and claimant; and if upon the 
whole case it finds that the claimant is indebted to the Government, 
it shall render judgment to that effect, and such judgment shall be 
final, with the right of appeal, as in other cases provided for by law. 
Any transcript of such judgment, filed in the clerk's office of any dis- 
trict or circuit court, shall be entered upon the records thereof, and shall 
thereby become and be a judgment of such court and be enforced as 
other judgments in such courts are enforced. 
Decree on ac- g EC- 10 62. Whenever the Court of Claims ascertains the facts of any 
masters °&c. Pay l° ss "by an .Y paymaster, quartermaster, commissary of subsistence, or 
other disbursing officer, in the cases hereinbefore provided, to have 
been without fault or negligence on the part of such officer, it shall 
make a decree setting forth the amount thereof, and upon such decree 
the proper accounting officers of the Treasury shall allow to such offi- 
cer the amount so decreed, as a credit in the settlement of his ac- 
counts. 
Claims referred g E c. 1063. Whenever any claim is made against any Executive De- 
ny Departments. p ar t, me nt ? involving disputed facts or controverted questions of law, 
where the amount in controversy exceeds three thousand dollars, or 
where the decision will affect a class of cases, or furnish a precedent 
for the future action of any Executive Department in the adjustment 
of a class of cases, without regard to the amount involved in the par- 
ticular case, or where any authority, right, privilege, or exemption is 
claimed or denied under the Constitution of the United States, the 
head of such Department may cause such claim, with all the vouchers, 
papers, proofs, aud documents pertaining thereto, to be transmitted to 
the Court of Claims, and the same shall be there proceeded in as if 
originally commenced by the voluntary action of the claimant ; and the 
Secretary of the Treasury may, upon the certificate of any Auditor or 
Comptroller of the Treasury, direct any account, matter, or claim of the 
character, amount, or class described in this section, to be transmitted, 
with all the vouchers, papers, documents, and proofs pertaining there- 
to, to the said court, for trial aud adjudication : Provided, That no case 
shall be referred by any head of a Department unless it belongs to 
one of the several classes of cases which, by reason of the subject-mat- 
ter and character, the said court might, under existing laws, take juris- 
diction of on such voluntary action of the claimant. 
Procedure in Sec. 1064. All cases transmitted by the head of any Department, or 
cases transmitted U p 0n ^ e certificate of any Auditor or Comptroller, according to the 
y ep r men >.. p rov j s j ons Q f the preceding section, shall be proceeded in as other 
cases pending in the Court of Claims, and shall, in all respects, be sub- 
ject to the same rules and regulations. 
Judgments in Sec. 1065. The amouut of any final judgment or decree rendered in 
cases transmitted f avor f the claimant, in any case transmitted to the Court of Claims 
howpaid tmentS ' under the two preceding sections, shall be paid out of any specific 
apnropriation applicable to the case, if any such there be ; and where 
no such appropriation exists, the judgment or decree shall be paid in 
the same manner as other judgments of the said court. 
Claims grow- Sec. 1066. The jurisdiction of the said court shall not extend to any 
ing outof treaties c ] a j m agairjst the Government not pending therein on December one, 
not cognizable e jg D t e en hundred and sixty-two, growing out of or dependent on any 
erein. treaty stipulation entered into with foreign nations or with the Indian 

tribes. 

Claims pending Sec. 1067. No person shall file or prosecute in the Court of Claims, 

in other courts or j n the Supreme Court on appeal therefrom, any claim for or in 

not to be prose- reS p ec t f which he or any assignee of his has pending in any other 

Claims m court any suit or process against any person who, at the time when 

the cause of action alleged in such suit or process arose, was, in respect 



63 

thereto, acting or professing to act, mediately or immediately, under 
the authority of the United States. 

Sec. 1068." Aliens, who are citizens or subjects of any government Aliens. 
which accords to citizens of the United States the right to prosecute 
claims against such government in its courts, shall have the privilege 
of prosecuting claims against the United States in the Court of Claims, 
whereof such court, by reason of their subject-matter and character, 
might take jurisdiction. 

Sec. 1069. Every claim against the United States, cognizable by the Limitation. 
Court of Claims, shall be forever barred unless the petition setting 
forth a statement thereof is filed in the court, or transmitted to it by 
the Secretary of the Senate or the Clerk of the House of Representa- 
tives as provided by law, within six years after the claim first accrues : 
Provided, That the claims of married women first accrued during mar- 
riage, of persons under the age of twenty-one years first accrued dur- 
ing minority, and of idiots, lunatics, insaue persons, and persons beyond 
the seas at the time the claim accrued, entitled to the claim, shall not 
be barred if the petition be filed in the court or transmitted, as afore- 
said, within three years after the disability has ceased; but no other 
disability thau those enumerated shall prevent any claim from being 
barred, nor shall any of the said disabilities operate cumulatively. 

Sec. 1070. The said court shall have power to establish rules for its itules of prac- 
government and for the regulation of practice therein, and it may pun-tice; contempts, 
ish for contempt in the manner prescribed by the common law, may 
appoint commissioners, and may exercise such powers as are necessary 
to carry into effect the powers granted to it by law. 

Sec. 1071. The judges and clerks of said court may administer oaths Oaths and ac- 
and affirmations, take acknowledgments of instruments in writing, and knowledgments. 
give certificates of the same. 

Sec. 1072. The claimant shall, in all cases, fully set forth in his peti- 
tion the claim, the action thereon in Congress, or by any of the Depart- 
ments, if such action has been had ; w T hat persons are owners thereof 
or interested therein, when and upon what consideration such persons 
became so interested : that no assignment or transfer of said claim, or 
of any part thereof or interest therein, has been made, except as stated 
in the petition ; that said claimant is justly entitled to the amount 
therein claimed from the United States, after allowing all just credits 
and offsets; that the claimant, and, where the claim has been assigned, 
the original and every prior owner thereof, if a citizen, has at all times 
borne true allegiance to the Government of the United States, and, 
whether a citizen or not, has not in any way voluntarily aided, abetted, 
or given encouragement to rebellion against the said Government, and 
that he believes the facts as stated in the said petition to be true. And 
the said petition shall be verified by the affidavit of the claimant, his 
agent, or attorney. 

Sec. 1073. The said allegations as to true allegiance and voluntary aid- Petition dis- 
ing, abetting, or giving encouragement to rebellion against the Govern- missed, if issue 
ment may be traversed by the Government, and if on the trial such issues f^ 1101 ^S* 11118 * 
shall be decided against the claimant, his petition shall be dismissed. legiance, &c.° & " 

Sec. 1074. Whenever it is material in any claim to ascertain wiiether 
any person did or did not give any aid or comfort to the late rebellion, B , f * 
the claimant asserting the loyalty of any such person to the United am \ evidence as 
States during such rebellion shall be required to prove affirmatively that to Loyalty, 
such person did, during said rebellion, consistently adhere to the United 
States, and did give no aid or comfort to persons engaged in said rebel- 
lion ; and the voluntary residence of any such person in any place where, 
at any time during such residence, the rebel force or organization held 
.-.way, shall be prima-facie evidence that such person did give aid and 
comfort to said rebellion and to the persons engaged therein. 

Sic. 1075. The Court of Claims shall have power to appoint com- Commissioners 
missioners to take testimony to be used in the investigation of claims to take testi- 
which come before it ; to prescribe the fees which they shall receive for mon y- 
their services, and to issue commissions for the taking of such testimony* 
whether taken at the instance of the claimant or of the Uuited States- 
SBC. 1076. The said court shall have power to call upon any of the Power to call 
Departments for any information or papers it may deem necessary, U P 0U depart- 
and shall have the use of all recorded and printed reports made by the™®" lor mf0I> 
committees of each House of Congress, when deemed necessary in the 
prosecution of its business. But the head of any Department may 
refuse and omit to comply with any call for information or papers 



64 

when, in his opinion, such compliance would be injurious to the public 
interest. 
When testi- Sec. 1077. When it appears to the court in any case that the facts set 
moiiy not to be forth in the petition of the claimant do not furnish any ground for re- 
lief, it shall not be the duty of the court to authorize the taking of any 
testimony therein. 
Witnesses not g EC- 10 78. No witness shall be excluded in any suit in the Court of 
cSnt oTco°lor aC " Claims on account of color. 

Parties an diper- Sec. 1079. No claimant, nor any person from or through whom any 
sons interested such claimant derives his alleged title, claim, or right against the United 
nesses^ &8 wit " States, nor au y person interested in any such title, claim, or right, shall 
be a competent witness in the Court of Claims in supporting the same, 
and no testimony given by such claimant or person shall be used except 
as provided in the next section. 
Examinationof Sec. 1080. The court may, at the instance of the attorney or solicitor 
claimant. appearing in behalf of the United States, make an order in auy case 

pending therein, directing any claimant in such case to appear, upon 
reasonable notice, before any commissioner of the court, and be exam- 
ined on oath touching any or all matters pertaining to said claim. Such 
examination shall be reduced to writing by the said comm ssiouer, and 
be returned to and filed in the court, and may, at the discretion of the 
attorney or solicitor of the United States appearing in the case, be read 
and used as evidence on the trial thereof. And if any claimant, after 
such order is made, and due and reasonable notice thereof is given to 
him, fails to appear, or refuses to testify or answer fully as to all mat- 
ters within his knowledge material to the issue, the court may, in its 
discretion, order that the said cause shall not be brought forward for 
trial until he shall have fully complied with the order of the court in 
the premises. 
Testimony tak- Sec. 1081. The testimony in cases pending before the Court of Claims 
en where d'epon- shall be taken in the county where the witness resides, when the same 
ent.resides. can be conveniently done. 

Witnesses, how Sec. 1082. The Court of Claims may issue subpoenas' to require the 
compelled to at- attendance of witnesses in order to be examined before any person corn- 
tend before com- missioned to take testimony therein, and such subpoenas shall have the 
missioners. same force as if issued from a district court, and compliance therewith 

shall be compelled under such rules and orders as the court shall estab- 
lish. 
Cross-examina- ^ EC ' 1083. In taking testimony to be used in support of any claim, 
tion. opportunity shall be given to the United States to file interrogatories, 

or by attorney to examine witnesses, under such regulations as said 
court shall prescribe; and like opportunity shall be afforded the claim- 
ant, in cases where testimony is taken on behalf of the United States, 
under like regulations. 
Witnesses how Sec. 1084 - Tne commissioner taking testimony to be used in ' the 
sworn. ' Court of Claims shall administer an oath or affirmation to the witnesses 

brought before him for examination. 
Fees of com- Sec. 1085. When testimony is taken for the claimant, the fees of the 
missioner, by commissioner before whom it is taken, and the cost of the commission 
whom paid. ' and notice, shall be paid by such claimant; and when it is taken at the 
instance of the Government, such fees, together with all postage in- 
curred by the Assistant Attorney-General, shall be paid out of the con- 
tingent fuud provided for the Court of Claims, or other appropriation 
made by Congress for that purpose. 
CI imsf ftd ^ EC " 1086. Any person who corruptly practices or attempts to prac- 
for fraud.° r ei e *ice aD y fraud against the United States in the proof, statement, estab- 
lishment, or allowance of any claim, or of any part of any claim against 
the United States, shall ipso facto forfeit the same to the Government ; 
and it shall be the duty of the Court of Claims, in such cases, to find 
specifically that such fraud was practiced or attempted to be practiced, 
and thereupon to give judgment that such claim is forfeited to the Gov- 
ernment, and that the claimant be forever barred from prosecuting the 
same. 
New trial on Sec. 1087. When judgment is rendered against any claimant, the 
motion of claim- court may grant a new trial for any reason which, by the rules of com- 
ant - mon law or chancery in suits between individuals, would furnish suffi- 

cient ground for granting a new trial. 
New trial on Sec - 1° 88 - Tne Court of Claims, at any time while any claim is pencU 
motion of United ing before it, or on appeal from it, or within two years next after the 
States. final disposition of such claim, may, on motion on behalf of the United 



65 

States, grant a new trial and stay the payment of any judgment there- 
in, npou such evidence, cumulative or otherwise, as shall satisfy the 
court that any fraud, wrong, or injustice in the premises has been done 
to the United States; but until an order is made staying the payment 
of a judgment, the same shall be payable and paid as now provided by 
law. 

Sec. 1089. In all cases of final judgments by the Court of Claims, or, Payment of 
on appeal, by the Supreme Court, where the same are affirmed in favor judgments. 
of the claimant, the sum due thereby shall be paid out of any general 
appropriation made by law for the payment and satisfaction of private 
claim?, on presentation to the Secretary of the Treasury of a copy of 
said judgment, certified by the clerk of the Court of Claims, and signed 
by the chief justice, or, in his absence, by the presiding judge of said 
court. 

Sec. 1090. In cases' where the judgment appealed from is in favor of interest, 
the claimant, and the same is affirmed by the Supreme Court, interest 
thereon at the rate of five per centum shall be allowed from the date of 
its presentation to the Secretary of the Treasury for payment as afore- 
said, but no interest shall be allowed subsequent to the affirmance, 
unless presented for payment to the Secretary of the Treasury as afore- 
said. 

Sec. 1091. Xo interest shall be allowed on any claim up to the time Interest on 
of the rendition of judgment thereon by the Court of Claims, unless claim3, 
upon a contract expressly stipulating for the payment of interest. 

Sec. 1092. The payment of the amount due by auy judgment of the . Payment of 
Court of Claims and of any interest thereon allowed by law, as herein- {^g^r^e & ful1 
before provided, shall be a full discharge to the United States of all ° ' 

claim and demand touching any of the matters involved in the con- 
troversy. 

Sec. 1093. Any final judgment against the claimant on any claim Pinal judgments 
prosecuted as provided in this chapter shall forever bar any farther a bar. 
claim or demand against the United States arising out of the matters 
involved in the controversy. 



COURTS-PARTIAL AND COURTS OF INQUIRY. 

SUItfMARY COURTS-MARTIAL. 



Art. 

i unary courts-martial. 
~7. Constitution of summary courts-martial. 
5S8. Oath of members and recorder. 
-9. Testimony. 
0. Punishments by summary courts. 



Art. 

31. Disrating for incompetency. 

32. Execution of sentence of summary court. 

33. Remission of sentence. 

34. Manner of conducting proceedings. 

35. Same punishments by general court-martial. 



ART. 26. Summary courts-martial may be ordered upon petty officers Title 15, Chap. 10, 
and persons of inferior ratings, by the commander of any vessel, or by Sec - 1821. 
the commandant of any navy-yard, naval station, or marine barracks Sum m ar v 
to which they belong, for the trial of offenses which such officer may courts-martial. 
deem deserving of greater punishment thau such commander or com- 
mandant is authorized to inflict, but not sufficient to require trial by a 
general court-martial. 

Art. 27. A summary court-martial shall consist of three officers not Constitution of 
below the rank of ensign, as members, and of a recorder. The com- summary courts- 
mander of a ship may order any officer under his command to act as such martial - 
recorder. 

Art. 28. Before proceeding to trial the members of a summary court- Oath of mem- 
martial shall take the following oath or affirmation, which shall be bers and recorder, 
administered by the recorder : "I, A B, do swear (or affirm) that I will 
well and truly try, without prejudice or partiality, the case now depend- 
ing, according to the evidence which shall be adduced, the laws for the 
government of the Navy, and my own conscience." After which the 
recorder of the court shall take the following oath or affirmation, which 
shall be administered by the senior member of the court : " I, A B, do 
swear (or affirm) that I will keep a true record of the evidence which 
shall be given before this court and of the proceedings thereof." 

Art. 29. All testimony before a summary court-martial shall be given Testimony, 
orally, upon oath or affirmation, administered by the senior member of 
the court. 

Art. 30. Summary courts-martial may sentence petty officers and Punishmentsby 
persons of inferior ratings to any one of the following punishments, summary courts. 
namely: 

5 N L 



66 



First. Discharge from the service with bad conduct discharge ; hut 
the sentence shall not be carried into effect in a foreign country. 

Second. Solitary confinement, not exceeding thirty days, in irons, 
single or double, on bread and water, or on diminished rations. 

Third. Solitary confinement in irons, single or double, not exceeding 
thirty days. 
Fourth. Solitary confinement not exceeding thirty days. 
Fifth. Confinement not exceeding two months. 
Sixth. Reduction to next inferior rating. 
Seventh. Deprivation of liberty on shore on foreign station. 
Eighth. Extra police duties, and loss of pay, not to exceed three 
months, may be added to any of the above-mentioned punishments. 
Disratting for Art. 31. A summary court-martial may disrate any rated person for 
incompetency, incompetency. ._ 

Execution of Art. 32. No sentence of a summary court-martial shall be carried into 
sentence of sum- execution until the proceedings and sentence have been approved by 
mary court. ^ e ffi cer ordering the court and by the commander-in-chief, or, in his 

absence, by the senior officer present. And no sentence of such court 
which involves loss of pay shall be carried into execution until the pro- 
ceedings and sentence have been approved by the Secretary of the 
Navy. 
of Art. 33. The officer ordering a summary court-martial shall have 
power to remit, in part or altogether, but not to commute, the sentence 
of the court. And it shall be his duty either to remit any part or the 
whole of any sentence, the execution of which would, in the opinion of 
the surgeon or senior medical officer on board, given in writing, produce 
serious injury to the health of the person sentenced ; or to submit the 
case again, without delay, to the same or to another summary court- 
martial, which shall have power, upon the testimony already taken, to 
remit the former punishment and to assign some other of the authorized 
punishments in the place thereof. 
Manner of con- Art. 34. The proceedings of summary courts-martial shall be con- 
ducting proceed- (j uc ted with as much conciseness and precision as may be consistent with 
ings ' the ends of justice, and under such forms and rules as may be prescribed 

by the Secretary of the Navy, with the approval of the President ; and 
all such proceedings shall be transmitted, in the usual mode, to the 
Navy Department. 
Same punish- Art. 35. Any punishment which a summary court-martial is author- 
ments by general j zec [ ^ i n f[i c t may be inflicted by a general court-martial. 



Kemission 
sentence. 



GENERAL COURTS-MARTIAL. 



Art. 

38. General courts-martial, by whom convened. 

39. Constitution of. 

40. Oaths of members and judge-advocate. 

41. Oath of witness. 

42. Contempts of court. 

43. Charges. 

44. Duty of officer arrested. 

45. Suspension of proceedings. 

46. Absence of members. 



Art. 

47. "Witnesses examined in absence of a member. 

48. Suspension of pay. 

49. Flogging, branding, &c. 

50. Sentences, how determined. 

51. Adequate punishment ; recommendation to 

mercy. 

52. Authentication of judgment. 

53. Confirmation of sentence. 

54. Eemission and mitigation of sentence. 



Title 15, Chap. 10, Art. 38. General courts-martial may be convened by the President, 
Sec. 1624. frfr e Secretary of the Navy, or the commander-in-chief of a fleet or 
General courts- squadron ; but no commander of a fleet or squadron in the waters of the 
martial, by whom United States shall convene such court without express authority from 
convened. t h e p res ident. 

Constitution of. Art. 39. A general court-martial shall consist of not more than thir- 
teen nor less than five commissioned officers as members ; and as many 
officers, not exceeding thirteen, as can be convened without injury to 
the service, shall be summoned on every such court. But in no case, 
where it can be avoided without injury to the service, shall more than 
one-half, exclusive of the president, be junior to the officer to be tried. 
The senior officer shall always preside and the others shall take place 
according to their rank. 
Oaths of mem- Art. 40. The president of the general court-martial shall administer 
advocate 1 ^ udge " the following oath or affirmation to the judge-advocate or person offi- 
ciating as such : 

" I, A B, do swear (or affirm) that I will keep a true record of the 
evidence given to and the proceedings of this court ; that I will not di- 
vulge or by any means disclose the sentence of the court until it shall 



67 

have beeu approved by the proper authority ; and that I will not at any 
time divulge or disclose the vote or opinion of any particular member 
of the court, uuless required so to do before a court of justice in due 
course of law." 

This oath or affirmation being duly administered, each member of the 
court, before proceeding to trial, shall take the following oath or affir- 
mation, which shall be administered by the judge-advocate or person 
officiating as such : 

•■I, A B, do. swear (or affirm) that I will truly try without prejudice 
or partiality, the case now dependiug, according to the evidence which 
shall come before the court, the rules for the government of the Navy, 
and my own conscience; that I will not by any means divulge or dis- 
close the sentence of the court until it shall have beeu approved by the 
proper authority ; and that I will not at any time divulge or disclose the 
vote or opinion of any particular member of the court, uuless required 
so to do before a court of justice in due course of law." 

Art. 41. Au oath or affirmation, in the following form, shall be ad- Oath of -witness. 
ministered to all witnesses, before any court-martial, by the president 
thereof: 

•• You do solemnly swear (or affirm) that the evidence you shall give 
in the case now before this court shall be the truth, the whole truth, 
and nothing but the truth, and that you will state everything within 
your knowledge in relation to the charges. So help you God ; (or ' this 
you do under the pains and penalties of perjury.')" 

Art. 4*2. Whenever any person refuses to give his evidence or to give Contempts of 
it in the manner provided by these articles, or prevaricates, or behaves C01irt - 
with contempt to the court, it shall be lawful for the court to imprison 
him for any time not exceeding two months. 

Art. 43. The person accused shall be furnished with a true copy of Charges. 
the charges, with the specifications, at the time he is put under arrest ; 
and no other charges than those so furnished shall be urged against him 
at the trial, unless it shall appear to the court that intelligence of such 
other charge had not reached the officer ordering the court when the 
accused was put under arrest, or that some witness material to the sup- 
port of such charge was at that time absent and can be produced at the 
trial ; in which case reasonable time shall be given to the accused to 
make his defense against such new charge. 

Art. 44. Every officer who is arrested for trial shall deliver up his Duty of officer 
sword to his commanding officer and confine himself to the limits as- arreste(i - 
signed him, on pain of dismissal from the service. 

Art. 45. When the proceedings of any general court-martial have com- Suspension ot 
menced, they shall not be suspended or delayed on account of the absence proceedings. 
of any of the members, provided five or more are assembled; but the 
court is enjoined to sit from day to day, Sundays excepted, until sentence 
is given, unless temporarily adjourned by the authority which con- 
vened it. 

Art. 46. Xo member of a general court-martial shall, after the pro- Absence of 
ceedings are begun, absent himself therefrom, except in case of sick- members * 

r of an order to go on duty from a superior officer, on pain of 
being cashiered. 

Art. 47. Whenever any member of a court-martial, from any legal Witnesses ex- 
cause, is absent from the court after the commencement of a case, all amine d in ab- 
the witnesses who have been examined during his absence must, when fence of a mem- 
he is ready to resume his seat, be recalled by the court, aud the recorded 
testimony of each witness so examined must be read over to him, and 
such witness must acknowledge the same to be correct and be subject 
to such further examination as the said member may require. Without 
a compliance with this rule, and an entry thereof upon the record, a 
member who shall have been absent during the examination of a wit- 
ness shall not be allowed to sit again in that particular case. 

Art. 4^. Whenever a court-martial sentences an officer to be sus- Suspension of 
pended, it may suspend his pay and emoluments for the whole or any pay. 
part of the time of his suspension. 

Aht. 49. In no case shall punishment by flogging, or by branding, Flogging, brand- 
marking, or tattooing on the body be adjudged by any court-martial or iu S» &c- 
be inflicted upon any person in the Navy. 

Art. 50. No person shall be sentenced by a court-martial to suffer Sentences, how 
death, except by the concurrence of two-thirds of the members present, determined, 
and in the cases where such punishment is expressly provided in these 
articles. All other sentences may be determined by a majority of votes. N 



68 



Adequate pun- 
ishment ; recom- 
mendation to 
mercy. 



Authentication 
of judgment. 



Confirmation of 
sentence. 



Eemission and 
mitigation of sen- 
tence. 



Art. 51. It shall be the duty of a court-martial, in all cases of con- 
viction, to adjudge a punishment adequate to the nature of the offense ; 
but the members thereof may recommend the person convicted as de- 
serving of clemency, and state, on the record, their reasons for so doing. 
[See Art. 35, Summary Courts-martial.] 

Art. 52. The judgment of every court-martial shall be authenticated 
by the signature of the president, and of every member who may be 
present when said judgment is pronounced, and also of the judge-advo- 
cate. 

Art. 53. No sentence of a court-martial, extending to the loss of life, 
or to the dismissal of a commissioned or warrant officer, shall be carried 
into execution until confirmed by the President. All other sentences of 
a general court-martial may be carried into execution on confirmation 
of the commander of the fleet or officer ordering the court. 

Art. 54. Every officer who is authorized to convene a general court- 
martial shall have power, on revision of its proceedings, to remit or 
mitigate, but not to commute, the sentence of any such court which he 
is authorized to approve or confirm. 



COURTS OF INQUIRY. 



Art. 

55. Courts of inquiry, by whom ordered. 

56. Constitution of. 

57. Powers of. 

58. Oath of members and judge-advocate. 



Art. 

59. Eights of party inquired of. 

60. Proceedings, how authenticated and used 

evidence. 



Title 15, Chap. 10, 
Sec. 1624. 

Courts of in- 
quiry, by whom 
ordered. 

Constitution of. 



Powers of. 



Oath of mem- 
bers and judge- 
advocate. 



Eights of party 
inquired of. 

Proceedings, 
how authenticat- 
ed and used as 
evidence. 



Art. 55. Courts of inquiry may be ordered by the President, the Sec- 
retary of the Navy, or the commander of a fleet or squadron. 



Art. 56. A court of inquiry shall consist of not more than three com- 
missioned officers as members, and of a judge-advocate, or person offi- 
ciating as such. 

Art. 57. Courts of inquiry shall have power to summon witnesses, 
administer oaths, and punish contempts, in the same manner as courts- 
martial ; but they shall only state facts, and shall not give their opin- 
ion unless expressly required so to do in the order for convening. 

Art. 58. The judge-advocate, or person officiating as such, shall ad- 
minister to the members the following oath or affirmation: "You do 
swear (or affirm) well and truly to examine and inquire, according to 
the evidence, into the matter now before you, without partiality." After 
which the president shall administer to the judge-advocate, or person 
officiating as such, the following oath or affirmation: "You do swear 
(or affirm) truly to record the proceedings of this cour"t and the evidence 
to be given in the case in hearing." 

Art. 59. The party whose conduct shall be the subject of inquiry, or 
his attorney, shall have the right to cross-examine all the witnesses. 

Art. 60. The proceedings of courts of inquiry shall be authenticated 
by the signature of the president of the court and of the judge-advocate, 
and shall, in all cases not capital, nor extending to the dismissal of a 
commissioned or warrant officer, be evidence before a court-martial, 
provided oral testimony cannot be obtained. 

CEIMES. 

See under various subjects to which they pertain. 

CUEEENCY. 



Sec. 

3571. United States notes. 

3573. No issue less than ten cents. 

3574. Form and redemption of fractional notes. 

3575. Preparation of fractional and other notes. 



Sec. 

3576. Portraits of living persons not to be placed 
on bonds or notes. 

3580. Eeplacing mutilated notes. 

3581. Destruction of notes. 

3583. Eestriction on notes less than ono dollar. 



Title 38. Sec. 3571. United States notes shall be of such denominations, not 

United States * ess * nan one dollar, as the Secretary of the Treasury may prescribe, 
no tes. shall not bear interest, shall be payable to bearer, and shall be in such 

¥ . , form as the Secretary mav deem best. 

Sec. 3573. No issue of fractional notes of the United States shall be 
of a less denomination than ten cents; and all issues of a less denomi- 



than ten cents. 



69 



nation shall, when paid into the Treasury or any designated depository 
of the United States, or redeemed or exchanged as now provided hy law, 
be retained and canceled. 

Sec. 3574. The notes of the fractional currency shall be in such form, Form and re- 
with such inscriptions, and with such safeguards against counterfeiting flemptiou ot trac- 
as the Secretary of the Treasury may deem best. They shall be exchange- 10na n0 es ' 
able by the assistant treasurers aud designated depositaries for United 
States notes in sums of not less than three dollars ; and shall be receiv- 
able for postage aud revenue stamps, and for all dues to the United 
States, except customs, in sums not over five dollars, and shall be re- 
deemed on presentation at the Treasury of the United States in such 
sums and under such regulations as the Secretary of the Treasury shall 
prescribe. 

Sec. 3575. The Secretary of the Treasury may provide for the engrav- Preparation of 
ing and preparation, aud ibr the issue of fractional and other notes, and notes - 
shall make such regulations for the redemption of such notes when mu- 
tilated or defaced, and for the receipt of fractional notes in payment of 
debts to the United States, except for customs, in such sums, not over 
live dollars, as may appear to him expedient. 

Sec. 3570. Xo portrait shall be placed upon any of the bonds, secur- Portraits of liv- 
ities. notes, fractional or postal currency of the United States, while the in g., persona not 
original rf such portrait is living ' &JS.KSL." 

bEC 3o^0. Y\ hen any Lmted States notes returned to the Treas- Replacing mu- 
ury are so mutilated or otherwise injured as to be unfit for use, the tilated notes. 
Secretary of the Treasury is authorized to replace the same with others 
of the same character and amounts. 

Sec. 3551. Mutilated United States notes, when replaced according Destruction of 
to law, and all other notes which by law are required to be taken up, notes. 
and not re-issued, when taken up, shall be destroyed in such manner 
and under such regulations as the Secretary of the Treasury may pre- 
scribe. 

Sec. 3583. Xo person shall make, issue, circulate, or pay out any Eestrictiou on 
note, check, memorandum, token, or other obligation for a less sum n °tes less than 
than one dollar, intended to circulate as money or to be received or one ° ar * 
used in lieu of lawful money of the United States ; and every person 
so offending shall be fined not more than five hundred dollars or 
imprisoned not more than six months, or both, at the discretion of the 
court. 

DEPAETMEXTS— EXECUTIVE. 

See also each Department following and under Vacancies. 



Sec. 

101. Departmental regulations. 

162. Hour.-; of business. 

163. Classification of Department clerks. 

164. Examinations. 

105. Clerkships open to Tromen, 

HJ6. Distribution of clerks. 

1G7. .Salaries of persons employed in the Depart- 
ments. 

168. Temporary clerks. 

109. Authority to employ clerks and other em- 
ployes. 

170. Extra compensation to clerks prohibited. 

171. Eestrictiou on employing extra clerks. 



Sec. 

172. Restriction on employment of subordinate 
assistants. 

173. Chief clerks to supervise subordinate clerks . 

174. Chief clerks to distribute duties, &c. 

175. Duty of chief on receipt of report. 
170. Disbursing clerks. 

194. Peport of clerks employed. 

195. Time of making annual reports. 

196. Time of furnishing reports to printer. 
198. Biennial list of employes. 

5403. Destroying public records. 

5408. Destroying records by officer in charge. 

. Hours of labor in Department. 

Sec. 161. The head of each Department is authorized to prescribe Title 4t 

regulations, not inconsistent with law, for the government of his Depart- Departme ntal 
ment,the conduct of its officers and clerks, the distribution and perform- regulations. 
ance of its business, and the custody, use, aud preservation of the rec- 
ords, papers, and property appertaining to it. 

Sec. 162. From the first day of October until the first day of April, Hours of busi- 
in each year, all the Bureaus and offices in the State, War, Treasury, ness - 
Navy, aud Post- Office Departments, and in the General Land-Office, 
shall be open for the transaction of the public business at least eight 
hours in each day : and from the first day of April uutil the first day of 
October, in each year, at least ten hours in each day; except Sundays 
and days declared public holidays by law. [See June 20, 1874, post.~\ 

163. The clerks in the Departments shall be arranged iu four p^^arTmTnt 

S, distinguished as the first, second, third, and fourth classes. clerks. 

. 104. No clerk shall be appointed in any Department in either of Examinations. 



70 

the four classes above designated, until he has been examined and found 
qualified by a board of three examiners, to consist of the chief of the 
Bureau or office into which such clerk is to be appointed and two other 
clerks to be selected by the head of the Department. [See Civil Service.] 
Clerkships open Sec. 165. Women may, in the discretion of the head of any Depart- 
to women. ment, be appointed to any of the clerkships therein, authorized by law, 
upon the same requisites and conditions, and with the same compensa- 
tions, as are prescribed for men. 
Distribution of Sec. 166. Each head of a Department may from time to time alter 
clerks. the distribution among the various Bureaus and offices of his Depart- 
ment, of the clerks allowed by law, as he may find it necessary and 
proper to do. 
Salaries of per- Sec. 167. The annual salaries of clerks and employe's in the Depart- 
sons employed in ments, whose compensation is not otherwise prescribed, shall be as 
the Departments, follows : 

First. To clerks of the fourth class, eighteen hundred dollars. 
Second. To clerks of the third class, sixteen hundred dollars. 
Third. To clerks of the second class, fourteen hundred dollars. 
Fourth. To clerks of the first class, twelve hundred dollars. 
Fifth. To the women employed in duties of a clerical character, sub- 
ordinate to those assigned to clerks of the first class, including copyists 
and counters, or temporarily employed to perform the duties of a clerk, 
nine hundred dollars. 

Sixth. To messengers, eight hundred and forty dollars. 
Seventh. To assistant messengers, seven hundred and twenty dollars. 
Eighth. To laborers, seven hundred and twenty dollars. 
Ninth. To watchmen, seven hundred and twenty dollars. 
Temporary g E c. 168. Except when a different compensation is expressly prescribed 
clerks. ^y j aw ^ an y c \ ev ^_ temporarily employed to perform the same or similar 

duties with those belonging to clerks of either class, is entitled to the 
same salary as is allowed to clerks of that class. [See § 242.*] 
Authority to Sec. 169. Each head of a Department is authorized to employ in his 
employ clerks Department such number of clerks of the several classes recognized by 
and other em.i aW)an ^ such messengers, assistant messengers, copyists, watchmen, 
p oyes * laborers, and other employe's, and at such rates of compensation, respect- 

ively, as may be appropriated for by Congress from year to year. 
Extra compen- Sec. 170. No money shall be paid to any clerk employed in either 
sation to clerks Department at an annual salary, as compensation for extra services, 
prohibited. unless expressly authorized by law. [See Extra Pay, &c] 

Restriction on Sec. 171. No extra clerk shall be employed in any Department, Bureau, 
employing extra or office, at the seat of Government, except during the session of Con- 
clerks, gress, or when indispensably necessary in answering some call made by 
either House of Congress at one session to be answered at another ; nor 
then, except by order of the head of the Department in which, or in some 
Bureau or office of which, such extra clerk shall be employed. And no 
extra clerk employed in either of the Departments shall receive compen- 
sation except for time actually and necessarily employed, nor any greater 
compensation than three dollars a day for copying, or four dollars a day 
for any other service. 
Restriction on s E c. 172. No messenger, assistant messenger, laborer, nor other sub- 
subSnak^^ ordinate assistant shall be employed in any Department, Bureau, or 
sistants. office at the seat of Government, or paid out of the contingent fund ap- 
propriated to such Department, Bureau, or office, unless such employ- 
ment is authorized by law, or is necessary to carry into effect some ob- 
ject for which an appropriation has been specifically made. 
Chief clerks to Sec. 173. Each chief clerk in the several Departments, and Bureaus, 
supervise subor- au & other offices connected with the Departments, shall supervise, under 
dinate clerks. ^e ^i rec tion of his immediate superior, the duties of the other clerks 
therein, and see that they are faithfully performed. 
Chief clerks to Sec. 174. Each chief clerk shall take care, from time to time, that the 
distribute duties, duties of the other clerks are distributed with equality and uniformity, 
&c " according to the nature of the case. He shall revise such distribution 
from time to time, for the purpose of correcting any tendency to undue 
accumulation or reduction of duties, whether arising from individual 
negligence or incapacity, or from increase or diminution of particular 
kinds of business. And he shall report monthly to his superior officer 

*Sec. 242, E. S., provides that no clerk temporarily employed in the Department of 
the Treasury shall receive a greater compeusation than at the rate of twelve hundred 
dollars a year for the time actually employed. 






71 

any existing defect that be may be aware of in tbe arrangement or dis- 
patch of business. 

Sec. 175. Each head of a Department, chief of a Bureau, or other Duty of chief 
superior officer, shall, upon receiving each monthly report of his chief on receipt of re- 
clerk, rendered pursuant to the preceding section, examine the facts port " 
stated therein, and take such measures, in the exercise of the powers 
conferred upon him by law, as may be necessary aud proper to amend 
any existing defects in the arrangement or dispatch of business disclosed 
by such report. 

Sec. 176. The disbursing clerks authorized by law in the several De- Disbursing 
partments shall be appointed by the heads of the respective Depart- clerks. 
meuts, from clerks of the fourth class ; and shall each give a bond to 
the United States for the faithful discharge of the duties of his office ac- 
cording to law in such amount as shall be directed by the Secretary of 
the Treasury, and with sureties to the satisfaction of the Solicitor of the 
Treasury : aud shall from time to time renew, strengthen, and increase 
his official bond, as the Secretary of the Treasury may direct. Each 
disbursing clerk, except the disbursing clerk of the Treasury Depart- 
ment, must, when directed so to do by the head of the Department, su- 
perintend the building occupied by his Department. Each disbursing 
clerk is entitled to receive, in compensation for his services in disburs- 
ing, such sum in addition to his salary as a clerk of the fourth class as 
shall make his whole annual compensation two thousand dollars a year. 

Sec. 194. The head of each Department shall make an annual report Report of clerks 
to Congress of the names of the clerks and other persons that have been employed, 
employed in his Department and the offices thereof; stating the time 
that each clerk or other person was actually employed, and the sums 
paid to each ; also, whether they have been usefully employed ; whether 
the services of any of them can be dispensed with without detriment to 
the public service, aud whether the removal of any individuals, and the 
appointment of others in their stead, is required for the better dispatch 
of business. 

Sec. 195. Except where a different time is expressly prescribed by Time of mak- 
law, the various annual reports required to be submitted to Congress ing annual re- 
by the heads of Departments shall be made at the commencement of P orts « 
each regular session, and shall embrace the transactions of the preced- 
ing year. 

Sec. 196. Tbe head of each Department, except the Department of Department re- 
Justice, shall furnish to the Congressional Printer copies of the docu- furnishedJoprSf- 
ments usually accompanying his annual report, on or before the first ter. 
day of November in each year, and a copy of his annual report on or 
before the third Monday of November in each year. 

Sec. 196. The head of each Department shall, as soon as practicable Biennial lists of 
after the last day in September in each year in which a new Congress is a? 1 ? 1o ^ 6s t \° - be 
to assemble, cause to be filed in the Department of the Interior a full and Department f nor 
complete list of all officers, agents, clerks, and employe's employed in 
his Department, or in any of the offices or Bureaus connected therewith. 
He shall include in such list all the statistics peculiar to his Department 
required to enable the Secretary of the Interior to prepare the Biennial 
Register. [See under Biennial Register.] 

Sec. 5403. Every person who willfully destroys or attempts to destroy, Title 70, Chap. 4. 
or, with intent to steal or destroy, takes and carries away any record, Destroying &c 
paper, or proceeding of a court of justice, filed or deposited with any public records, 
clerk or officer of such court, or any paper, or document, or record filed 
or deposited in any public office, or with any judicial or public officer, 
shall, without reference to the value of the record, paper, document, or 
proceeding so taken, pay a fine of not more than two thousand dollars, 
or suffer imprisonment, at hard labor, not more than three vears, or 
both. [See $ 5408.] 

Sec. 5408. Every officer, having the custody of any record, document, Destroying 
paper, or proceeding specified in section fifty-four hundred and three, records by officer 
who fraudulently takes away, or withdraws, or destroys any such record, in c arge ' 
document, paper, or proceeding filed in his office or deposited with him 
or in his custody, shall pay a fine of not more than two thousand dol- 
lars, or suffer imprisonment at hard labor not more than three years, 
or both ; and shall, moreover, forfeit his office and be forever afterward 
disqualified from holding any office under the Government of the United 
States. 



72 

LEGISLATIVE AND EXECUTIVE APPROPRIATION ACT. 

June 20, 1S74. That it shall be the duty of the heads of the several Executive De- 
Heads of Ex- partments, and of the heads of the respective Bureaus therein, in the in- 
centive Depart- terests of the public service, to require of all clerks of class one and 
ments aud Eu- above, and of chiefs of divisions, such hours of labor as may be deemed 
hours of'laborof uecessai T f° r * ue proper dispatch of the public business, not exceeding, 
clerks, <fcc. however, the time for which said Departments are by law required to 

be open for business, any usage to the contrary notwithstanding. [See 
§ 162.] 

Note.— A joint resolution of June 23, 1874, authorized two months' pay to clerks and 
employ6s discharged at the close of the fiscal year, without fault on their part, hut hy 
reason of the reductions made necessary by legislation of Congress at that session ; 
and the act of March 3, 1875, authorized one month's pay to such persons discharged 
for similar reasons at the close of the fiscal year, provided that the amount paid 
should he deducted from the salary of any person receiving the same who should he 
re-appointed within six months of the date of such discharge. 

DEPARTMENT OP AGRICULTURE. 



Sec. 

520. Establishment of the Department of Agricul- 

ture. 

521. Commissioner of Agriculture. 
523. Officers and employes. 



Sec. 

525. Custody of property, records, &c. 

526. Duties of Commissioner. 

527. Purchase and distribution of seeds, plants, 

&c. 



Title 12. Sec. 520. There shall be at the seat of Government a Department of 

' Agriculture, the general design and duties of which shall be to acquire 

and to diffuse among the people of the United States useful information 
on subjects connected with agriculture, in the most general and com- 
prehensive sense of that word, aud to procure, propagate, and distribute 
among the people new and valuable seeds and plants. 
Commissio n er g EC# 521. The Department of Agriculture shall be under the charge of 
grl e " a Commissioner of Agriculture, who shall be appointed by the President, 

by and with the advice and consent of the Senate, and shall be entitled 
to a salary of four thousand dollars a year.* 
Officers and em- Sec. 523. The Commissioner of Agriculture shall appoint a chief clerk, 
ployes. with a salary of two thousand dollars a year, who in all cases during the 

necessary absence of the Commissioner, or when the office of Commis- 
sioner shall become vacant, shall perform the duties of Commissioner, 
. and he shall appoint such other employe's as Congress may from time to 
time provide, with salaries corresponding to the salaries of similar 
officers in other Departments of the Government ; and he shall, as Con- 
gress may from time to time provide, employ other persons, for such 
time as their services may be needed, including chemists, botanists, 
entomologists, and other persons skilled in the natural sciences pertain- 
ing to agriculture. 
Custody of Sec. 525. The Commissioner of Agriculture shall have charge, in the 
property, records, building and premises appropriated to the Department, of the library, 
furniture, fixtures, records, and other property appertaining to it, or 
hereafter acquired for use in Its business. 
Duties of Com- Sec. 526. The Commissioner of Agriculture shall procure and preserve 
missioner. a \i information concerning agriculture which he can obtain by means of 

books and correspondence, and by practical and scientific experiments, 
accurate records of which experiments shall be kept in his Office, by the 
collection of statistics, and by any other appropriate means within his 
power; he shall collect new and valuable seeds and plants; shall test, 
by cultivation, the value of such of them as may require such tests; 
shall propagate such as may be worthy of propagation ; and shall dis- 
tribute them among agriculturists. 
Purchase and g ECi 527. The purchase and distribution of seeds by the Department 
seeds planteVc °*" Agriculture shall be confined to such seeds as are rare and uncommon 
' to the country, or such as can be made more profitable by frequent 
changes from one part of our own country to another ; and the purchase 
or propagation and distribution of trees, plants, shrubs, vines, and cut- 
tings, shall be confined to such as are adapted to general cultivation 
and to promote the general interests of horticulture and agriculture 
throughout the United States. 

* Now three thousand ddlais. 



73 



DEPARTMENT OF THE INTERIOR. 



Sec. 

441. Duties of Secretary. 
44-2. Powers of Secretary. 
443. Supervision of ceusus. 



Sec. 

437. Establishment of Department of the Inte- 
rior. 
43?. Assistant Secretary of the Interior. 
439. His duties. 

Sec. 437. There shall be at the seat of Government an Executive Title II, Chap.jl.] 

Department to be known as the Department of the Interior, and a Establishment 
Secretary of the Interior, who shall be the head thereof. [Salary eight of Department of 
thousand dollars per annum.] ^I*§$§ the Interior. 

Sec. 43S. There shall be in the Department of the Interior an Assist- Assistant Sec- 
ant Secretary of the Interior, who shall be appointed by the President, retary of the In- 
by and withthe advice and consent of the Senate, and shall be entitled tenor - 
to a salary of six thousand dollars* a year, to be paid monthly. 

Sec. 439. The Assistant Secretary of the Interior shall perform such His duties, 
duties in the Department of the Interior as shall be prescribed by the 
Secretary, or may be required by law. 



Duties of Secre- 
tary. 



Sec. 441. The Secretary of the Interior is charged with the supervis- Title 11, Chap. 2. 
ion of public business relating to the following subjects : 

First. The census ; when directed by law. 

Second. The public lauds, including mines. 

Third. The Indians. 

Fourth. Pensions and bounty-lands. 

Fifth. Patents for inventions. 

Sixth. The custody and distribution of publications. 

Seventh. Education. 

Eighth. Government Hospital for the Insane. 

Ninth. Columbia Asylum for the Deaf and Dumb. 

Sec. 442. The Secretary of the Interior shall hereafter exercise all the Powers of Sec- 
powers and perform all the duties in relation to the Territories of the retary. 
United States that were, prior to March 1st, eighteen hundred and sev- 
enty-three, by law or by custom exercised and performed by the Secre- 
tary of State. 

Sec. 443. The Secretary of the Interior shall exercise supervisory and Supervision; of 
appellate powers in relation to all acts of marshals and others in taking census. 
and returning the census of the United States. 

DEPARTMENT OP JUSTICE. 

Sec. 



360. Duties of officers of Department of Justice. 

361. Officers of, to perform services for other De- 

partments. 

362. Superintendence of district attorneys and 

marshals. 

363. Retaining counsel to aid district attorneys. 

364. Attendance of counsel. 

365. Counsel fees restricted. 

366. Appointment of special counsel. 

367. Detail of officers to attend suits. 

370. Traveling expenses of officers so detailed. 
383. Publication of opinions. 

Actions against members of Congress, defense 
of. 



Sec. 

346. Establishment of Department of Justice. 

347. Solicitor-General. 
345. Assistant Attorneys-General. 

349. Solicitor of Treasury, &c, in Department of 

Justice. 

350. What officers under control of Attorney- 

General. 

354. Duties of Attorney-General. 

356. Opinion of Attorney-General upon questions 

of law. 

357. Legal advice to Departments of "War and ; 370 

Navy. ' 383 

355. Reference of questions by Attorney-General — 

to subordinates. 
359. Conduct and argument of cases. I 

Sec. 340. There shall be at the seat of Government an Executive De- Title 8. 

partment to be known as the Department of Justice, and au Attorney- Establishment 
General, who shall be the head thereof. [Salary eight thousand dol- f Department of 
lars. ] Justice. 

Sec. 317. There shall be in the Department of Justice an officer, Solicitor-Gone- 
learued in the law, to assist the Attorney-General in the performance of ral - 
his duties, called the Solicitor-General, who shall be appointed by the 
President, by and with the advice and consent of the Senate, and shall 
be entitled to a salary of seven thousand five hundred dollars a year. In 
case of a vacancy in the office of Attorney-General, or of his absence or 
disability, the Solicitor-General shall have power to exercise all the duties 
of that office. 

■!H. There shall be in the Department of Justice three officers, Assistant At- 
learned in the law, called the Assistant Attorneys-General, who shall be w>rneys-General. 
appointed by the President, by and with the advice and consent of the 

* Now three thousand five hundred dollars. 



74 

Senate, and shall assist the Attorney-General and Solicitor-General in the 
performance of their duties. Each of them is entitled to a salary of five 
thousand dollars a year.* 
Solicitor of Sec. 349. There shall be in the Department of Justice a Solicitor of 
Departm e nt' of tbe Treasui T' an Assistant Solicitor of the Treasury, a Solicitor of Internal 
Justice. Revenue, a Naval Solicitor, and an Examiner of Claims for the Depart- 

ment of State, who shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall be entitled to the following 
salaries : The Solicitor of the Treasury to four thousand! dollars a year, 
the Assistant Solicitor of the Treasury to three thousand dollars a year, 
the Solicitor of Internal Revenue to five thousand dollars a year, the 
Naval Solicitor to three thousand five hundred dollars a year, and the 
Examiner of Claims for the Department of State four| thousand dollars 
a year. 
What officers g EC> 359, The officers named in the preceding section shall exercise 
Attorne^Gen e- their functions under the supervision and control of the head of the De- 
ral. partment of Justice. 

Duties of At- Sec. 354. The Attorney-General shall give his advice and opinion upon 
torney-General. questions [of] law, whenever required by the President. 

Opinion of At- Sec. 356. The head of any Executive Department may require the 
torney-Ge n e r a 1 opinion of the Attorney-General on any questions of law arising in the 
upon questions of adm i n i stration of his Department. 

Legal advice to Sec. 357. Whenever a question of law arises in the administration of 
Departments o f the Department of War or the Department of the Navy, the cognizance 
"War and Navy. f yvhich is not given by statute to some other officer from whom the 
head of the Department may require advice, it shall be sent to the 
Attorney-General, to be by him referred to the proper officer in his De- 
partment, or otherwise disposed of as he may deem proper. 
Refer en ce of Sec. 358. Any question of law submitted to the Attorney-General for 
questions by At- his opinion, except questions involving a construction of the Constitution 
sXrdSatls 1 "^ t0 of the United States, may be by him referred to such of his subordinates 
as he may deem appropriate, and he may require the written opinion 
thereon of the officer to whom the same may be referred. If the opinion 
given by such officer is approved by the Attorney-General, such approval 
indorsed thereon shall give the opinion the same force and effect as be- 
long to the opinions of the Attorney-General. 
Conduct and ar- Sec. 359. Except when the Attorney-General in particular cases other- 
gument of cases, wise directs, the Attorney-General and Solicitor-General shall conduct 
and argue suits and writs of error and appeals in the Supreme Court 
and suits in the Court of Claims in which the United States is interested, 
and the Attorney-General may, whenever he deems it for the interest of 
the United States, either in person conduct and argue any case in any 
court of the United States in which the United States is interested, or 
may direct the Solicitor-General or any officer of the Department of Jus- 
tice to do so. 
Performance of Sec. 360. The Attorney-General may require any solicitor or officer of 
duty by officers the Department of Justice to perform any duty required of the Depart- 
of Department of me nt or any officer thereof. 

Officers of tbe Sec. 361. The officers of the Department of Justice, under the direction 
Departm e n t t o of the Attorney-General, shall give all opinions and render all services 
perform all legal requiring the skill of persons learned in the law necessary to enable the 
services required President and heads of Departments, and the heads of Bureaus and other 
ments. officers in the Departments, to discharge their respective duties; and 

shall, on behalf of the United States, procure the proper evidence for, 
and conduct, prosecute, or defend all suits and proceedings in the Su- 
preme Court and in the Court of Claims, in which the United States, or 
any officer thereof, as such officer, is a party or may be interested ; and 
no fees shall be allowed or paid to any other attorney or counselor at 
law for any service herein required of the officers of the Department of 
Justice, except in the cases provided by section three hundred and sixty- 
three. [See § 189, Attoeneys.] 
Super i n t e n - Sec. 362. The Attorney-General shall exercise general superintendence 
deuce of district and direction over the attorneys and marshals of all the districts in the 
attorneys and United States and the Territories as to the manner of discharging their 
marsbals. respective duties; and the several district attorneys and marshals are 

required to report to the Attorney-General an account of their official 

* Tbere is also an Assistant Attorney-General of the Post-Office Department, at 
four thousand dollars. 

t Four thousand five hundred dollars. Appropriation act, June 20, 1874. 

J Three thousand five hundred dollars to "Naval Solicitor and Judge Advocate 
General and Examiner of Claims." Appropriation act, June 20, 1874. 



75 

proceedings, and of the state and condition of their respective offices, in 
such time and manner as the Attorney-General may direct. 

Sec. 363. The Attorney-General shall, whenever in his opinion the Retaining: 
pnblic interest requires it, employ and retain, in the name of the United ^ un ^J „ tt-Vr* 
States, such attorneys and counselors at law as he may think necessary ne s ys 
to assist the district attorneys in the discharge of their duties, and shall 
stipulate with such assistant attorneys and counsel the amount of com- 
pensation, and shall have supervision of their conduct and proceedings. 

Sec. 364. Whenever the head of a Department or Bureau gives the ~™|i Ce 0± 
Attorney-General due notice that the interests of the United States re- 
quire the service of counsel upon the examination of witnesses touchiug 
anv claim, or upon the legal investigation of any claim, pending in such 
Department or Bureau, the Attorney-General shall provide for such serv- 
ice. [See § 187, Claims.] 

Sec. 365. No compensation shall hereafter he allowed to any person, Counsel fees re- 
besides the respective district attorneys and assistant district attorneys stncted. 
for services as an attorney or counselor to the United States, or to any 
branch or Department of the Government thereof, except in cases spe- 
cially authorized by law. aud then only on the certificate of the Attorney- 
General that such services were actually rendered, and that the same 
could not be performed by the Attorney-General, or Solicitor-General, or 
the officers of the Department of Justice, or by the district attorneys. 

Sec. 366. Every attoruev or counselor who is specially retained, under Appoint m e n t 
the authority of the Department of Justice, to assist in the trial of any JJgJ ^iornej^oT 
case in which the Government is interested, shall receive a commission counsel. 
from the head of such Department, as a special assistant to the Attorney - 
General, or to some one of the district attorneys, as the nature of the 
appointment may require; and shall take the oath required by law to 
be taken by the district attorneys, and shall be subject to all the liabil- 
ities imposed upon them by law. Interest of Uni- 

Sec. 367. The Solicitor-General, or any officer of the Department of ted states in 
Justice, may be sent by the Attorney-General to any State or District pending suits, 
in the United States to attend to the interests of the United States in any who may attend 
suit pending in any of the courts of the United States, or in the courts to " 
of any State, or to attend to any other interest of the United States. 

Sec. 370. Whenever the Solicitor-General, or any officer of the De- Traveling e x - 
partment of Justice, is sent by the Attorney-General to any State, J^tli e Depart* 
District, or Territory, to attend to any interest of the United States, me nt. 
the person so sent shall receive, in addition to his salary, his actual and 
necessary expenses while absent from the seat of Government ; the 
account thereof to be verified by affidavit. 

Sec. 383. The Attorney-General shall from time to time cause to be ?^ b JJ° ation of 
edited, and printed at the Government Printing-Office, an edition f °P imons - 
one thousand copies of such of the opinions of the law-officers herein 
authorized to be given as he may deem valuable for preservation in 
volumes, which shall be, as to size, quality of paper, printing, and bind- 
ing, of uniform style and appearance, as nearly as practicable, with vol- 
ume eight of such opinions, published, by Robert Farnham, in the year 
eighteen ,huudred and sixty-eight. Each volume shall contain proper 
head-notes, a complete aud full index, and such foot-notes as the Attor- 
ney-General may approve. Such volumes shall be distributed in such 
manner as the Attorney-General may from time to time prescribe. 

Act making appropriations for sundry civil expenses. 

Sec. 8. That in any action now pending, or which may be brought March 3, lS.o. 
against any person for or on account of anything done by him while an ^^^Qf'^f 1 ^ 1 . 
officer of either House of Congress in the discharge of his official duty, g r ess.° 
in executing any order of such House, the district attorney for the dis- 
trict within which the action is brought, on being thereto requested by 
the officer sued, shall enter an appearance in behalf of such officer ; and 
all provisions of the eighth section of the act of July twenty-eighth, 1 ? >r ?T lsl f n 1 S 866 P 
eighteen hundred and sixty-six, entitled "An act to protect the revenue, p ^298 s. 8 v. 14 
and for other purposes," and also all provisions of the sections of former p. 323. 
acts therein referred to, so far as the same relate to the removal of suits, 
the withholding of executions, and the paying of judgments against 
revenue or other officers of the United States, shall become applicable 
ich action and to all proceedings and matters whatsoever connected 
therewith, and the defense of such action shall thenceforth be conducted 
under the supervision and direction of the Attorney-General. 

Approved, March 3, 1875. 



76 

DEPARTMENT OF THE NAVY. 

See also Departments— Executive. 






Sec 
415. 



Establishment of the Department of the 
Navy. 

416. Clerks and employes. 

417. Procurement of naval stores and equipment 

of vessels. 

418. Custody of the books and records. 

419. Establishment of Bureaus. 

420. Custody of books and records of Bureaus. 

421. Appointment of chiefs of Bureaus. 

422. Chiefs of Bureaus of Yards and Docks, Equip- 

ment and Recruiting, Navigation, and Ord- 
nance. 

423. Chief of Bureau of Construction and Repair. 

Title 10. 



Sec. 

424. Chief of Bureau of Steam Engineering. 

425. Chief of Bureau of Provisions and Clothing. 
425. Chief of Bureau of Medicine and Surgery. 
429. Reports to be made to Congress by the Sec- 
retary. 

1375. Assistant to Bureau. 

1436. Chiefs of Bureaus, staff-officers exempt from 
sea-dutv. 

1471. Title of chiefs of Bureaus. 

1472. Relative rank of chief of Bureau of lower 

title than commodore. 

1473. Retired chiefs of Bureaus. 
1565. Pay of chiefs of Bureaus. 



Sec. 415. There shall be at the seat of Government an Executive 
Establishme n t Department, to be known as the Department of the Navy, and a Seere- 
of the Dep art- tary of the Navy, who shall be the head thereof.* 
mentoftheNavy. Sec. 416. There shall be in the Department of the Navy: 

One chief clerk, at a salary of two thousand five hundred dollars a 
year, so long as there is no Assistant Secretary of the Navy, and at a 
salary of two thousand two hundred dollars a year when there is an 
Assistant Secretary of the Navy. 
One disbursing clerk. 

One superintendent of the Navy Department building, at a salary of 
two hundred and fifty dollars a year. 

In the Bureau of Yards aud Docks : 
One civil engineer, at a salary of three thousand dollars a year. 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. 

One draughtsman, at a salary of one thousand eight hundred dollars 
a year. 

In the Bureau of Equipment aud Recruiting : 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. 

In the Bureau of Construction aud Repair: 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. 

One draughtsman, at a salary of one thousand eight hundred dollars 
a year. 

In the Bureau of Steam Engineering : % 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. 

One draughtsman, at a salary of one thousand eight hundred dollars 
a year. 

One assistant draughtsman, at a salary of one thousand two hundred 
dollars a year. 

In the Bureau of Navigation : 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. 

In the Bureau of Ordnance : 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. 

One draughtsman, at a salary of one thousand eight hundred dollars 
a year. 

In the Bureau of Provisions and Clothing : 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. 

In the Bureau of Medicine and Surgery : 
One chief clerk, at a salary of one thousand eight hundred dollars a 
year. [See §§ 169, 173, 174, 176, under Departments.] 
Procurement of Sec. 417. The Secretary of the Navy shall execute such orders as he 
naval stores and shall receive from the President relative to the procurement of naval 
^"L?„ ment of stores and materials, aud the construction, armament, equipment, and 
employment of vessels of war, as well as all other matters connected 
w T ith the naval establishment. [See Title Contracts. Also §§ 3660- 
3667, 3669, Appropriations.] 



Salary eight thousand dollars a year.. 



77 

Sec. 418. The Secretary of the Navy shall have the custody and charge Custody of the 
of all the hooks, records^ and other property now remaining in and ap- Jjooks;aud r ec - 
pertaining to the Department of the Navy, or hereafter acquired by it. 

Sec. 419. The business of the Department of the Navy shall be dis- Establishment 
tributed in such manner as the Secretary of the Navy shall judge to be ° uieaUb - 
expedient and proper among the following Bureaus: 

First. A Bureau of Yards and Docks. 

Second. A Bureau of Equipment and Recruiting. 

Third. A Bureau of Navigation. 

Fourth. A Bureau of Ordnance. 

Fifth. A Bureau of Construction aud Repair. 

Sixth. A Bureau of Steam Engineering. 

Seventh. A Bureau of Provisions and Clothing. 

Eighth. A Bureau of Medicine and Surgery. 

Sec. 420. The several Bureaus shall retain the charge aud custody Custody oi 
of the books of records and accounts pertaining to their respective Jrd^o^Bureaus ' 
duties ; and all of the duties of the Bureaus shall be performed under 
the authority of the Secretary of the Navy, and their orders shall be 
considered as emanating from him, and shall have full force and effect 
as such. 

Sec. 4-21. The chiefs of the several Bureaus in the Department of the f A ^° f mt f ^ 
Navy shall be appointed by the President, by and with the advice and r eau8 \ ie s 
consent of the Senate, from the classes of officers mentioned in the next 
rive sections respectively, or from officers having the relative rank of 
captain in the staff corps of the Navy, on the active list, and shall hold 
their offices for the term of four years. 

Sec. 42-2. The chiefs of the Bureau of Yards and Docks, of the Bu- Yards and 
react of Equipment and Recruiting, of the Bureau of Navigation, and I)o ^ s ' "^a^Ke 
of the Bureau of Ordnance, shall be appointed from the list of officers J^ttin^, 11 Navi- 
of the Navy, not below the grade of commander. gation,°and Ord- 

nance. 

Sec. 423. The chief of the Bureau of Construction and Repair shall Construction 
be appointed from the list of officers of the Navy, not below the grade and Eepair. 
of commander, and shall be a skillful naval constructor. 

Sec. 424. The chief of the Bureau of Steam Engineering shall be Steam Engi- 
appointed from the chief engineers of the Navy, and shall be a skillful neenn g- 
engineer. 

Sec. 425. The chief of the Bureau of Provisions and Clothing shall c ^^ isions and 
be appointed from the list of paymasters of the Navy of not less than ° ng ' 
ten years' standing. 

Sec. 426. The chief of the Bureau of Medicine and Surgery shall be Medicine and 
appointed from the list of the surgeons of the Navy. Surgery. 

Sec. 4-29. The Secretary of the Navy shall make annual reports to Reports to Con- 
Congress upon the following subjects: [See §§ 195, 198, Depart- gry of tL NavT 

MENTS.] 

First. A statement of the appropriations of the preceding fiscal year 
for the Department of the Navy, showing the amount appropriated 
under each specific head of appropriation, the amount expended under 
each head, and the balance which, on the thirtieth day of June pre- 
ceding such report, remained unexpended. Such report shall be accom- 
panied by estimates of the probable demands which may remain on each 
appropriation. 

Second. A statement of all offers for contracts for supplies and serv- 
ices made during the preceding year, by classes, indicating such as have 
been accepted. 

Third. A statement showing the amounts expended during the pre- 
ceding fiscal year for wages of mechanics and laborers employed in 
building, repairing, or equipping vessels of the Navy, or in receiving 
and securing stores and materials for those purposes, and for the pur- 
chase of material and stores for the same purpose; aud showing the 
cost or estimated value of the stores on hand, under this appropriation, 
in the navy-yards, at the commencement of the next preceding fiscal 
year : and the cost or estimated value of articles received and expended 
during the year ; and the cost or estimated value of the articles belong- 
ing to this appropriation which may be on hand in the navy-yards at 
the close of the next preceding fiscal year. 

Fourth. A statement of all acts done by him in making sale of any 
vessel or materials of the Navy; specifying all vessels aud materials 
sold, the parties buying the same, and the amount realized therefrom, 
together with such other facts as may be necessary to a full under- 
standing of his acts. |_See § 1780, Contingent Fund.] 



78 



Title 15, Chap. 1. Sec 1375. A surgeon, assistant surgeon, or passed assistant surgeon 

Assistant To ma J ^e detailed as assistant to the Bureau of Medicine and Surgery. 
Bureau of Medi- 
cine and Surgery. 

Title 15, Chap. 2, g EC . 1436. Any staff officer of the Navy who has performed the duty 
Staff offi c er s °f a chief of a Bureau of the Navy Department for a full term shall there- 

who have been after be exempt from sea duty, except in time of war. 

chiefs of Bureaus. 

Title 15, Chap. 4. Sec. 1471. The chiefs of the Bureau of Medicine and Surgery, Pro- 
Titles of chiefs v i sl0L18 an< l Clothing, Steam Engineering, and Construction and Eepair 

of Bureaus. shall have the relative rank of commodore while holding said position, 

and shall have, respectively, the title of Surgeon-General, Paymaster- 
General, Engineer-in-Chief, and Chief Constructor. 
Chief of Bu- Sec. 1472. When the office of chief of Bureau is filled by a line officer 

reau, when below below the rank of commodore, said officer shall have the relative rank 

rank of commo- f commodore during the time he holds said office. 
Retired from ^ec. 1473. Officers who have been or who shall be retired from the 

position of chief positions of chiefs of the Bureau of Medicine and Surgery, of Provisions 



of Bureau. 



Title 15, Chap. 8. 



and Clothing, of Steam Engineering, or of Construction and Repair, by 
reason of age or length of service, shall have the relative rank of com- 
modore. 

Sec. 1565. The pay of chiefs of Bureau in the Navy Department shall 
be the highest pay of the grade to which they belong, but not below 



Bifr2u. fcMef9 ° f that of commodore. 



DEPABTMENT OF THE POST OFFICE. 



Sec. 

388. Establishment of the Post-Office Department. 

389. Assistant Postmasters-General. 

390. Assistant Attorney-General for Post -Office 

Department. 

Title 9. 



Sec. 

396. Duties of Postmaster-General. 

398. Postal arrangements with foreign countries. 

399. Publication of postal conventions. 



master-General. 



Sec. 388. There shall be at the seat of Government an Executive 
Establishment ^ e P ar t men t to be known as the Post-Office Department, and a Post- 
of the Post -Office master-General, who shall be the head thereof, and who shall be ap- 
Department. pointed by the President, by and with the advice and consent of the 
Senate, and who may be removed in the same manner ; and the term 
of the Postmaster-General shall be for and during the term of the Presi- 
dent by whom he is appointed, and for one month thereafter, unless 
sooner removed.* 
Assistant Post- g EC> 389t There shall be in the Post-Office Department three Assistant 
mas ers- enera . p 08 t m asters-General, who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who may be removed in 
the same manner, and who shall be entitled to a salary of four thousand 
dollars a year each.t [See § 177, Vacancies.] 
Assistant At- Sec. 390. There shall be employed in the Post-Office Department one 
for^os^tOffic^e As8istant Attorney-General, who shall be appointed by the Postmaster- 
Department. General, and shall be entitled to a salary of four thousand dollars a year. 
Duties of Post- Sec. 396. It shall be the duty of the Postmaster-General : 
First. To establish and discontinue post-offices. 

Second. To instruct all persons in the postal service with reference to 
their duties. 
Third. To decide on the forms of all official papers. 
Fourth. To prescribe the manner of keeping and stating accounts. 
Fifth. To enforce the prompt rendition of returns relative to accounts. 
Sixth. To control, according to law, and subject to the settlement of 
the Sixth Auditor, all expenses incident to the service of the Depart- 
ment. 

Seventh. To superintend the disposal of the moneys of the Depart- 
ment. 

Eighth. To direct the manner in which balances shall be paid over; 
issue warrants to cover money into the Treasury ; and to pay out the 
same. 

Ninth. To superintend generally the business of the Department, and 
execute all laws relative to the postal service. [See §§ 3660-3665, 3668, 
3669, Appropriations and Estimates.] 

* Salary eight thousand dollars, 
t Now three thousand five hundred dollars. 



79 

Sec. 395. For the purpose of making better postal arrangements with Postal arrange 
foreign countries, or to counteract their adverse measures affecting oar ™JJ ^^giJ? 1 ' 
postal intercourse with them, the Postmaster-General, by and with the a 
advice and consent of the President, may negotiate and cone hide postal 
treaties or conventions, and may reduce or increase the rates of postage 
on mail-matter conveyed between the United States and foreign coun- 
tries. 

Sec. 399. The Postmaster-General shall transmit a copy of each postal Publication of 
convention concluded with foreign governments to the Secretary ofP.'*f* al °° nvBn 
State, who shall furnish a copy of the same to the Congressional Printer l b " 
for publication ; and the printed proof-sheets of all such conventions 
shall be revised at the Post-Office Department. 

DEPARTMENT OF STATE. 

Sec. I Sec. 

199. Establishment of the Department of State. 203. Custody of seals and property. 

200. Assistant and Second Assistant Secretaries j 204. Promulgation of the laws. 

of State. 205. Amendmeuts to the Constitution. 

202. Management of foreign affairs. \ 213. Fees for copies of records. 

Sec. 199. There shall be at the seat of Government an Executive TitIe 5 - 
Department to be kuown as the Department of State, and a Secretary of Establishment 
State, who shall be the head thereof. [Salary, eight thousand dollars.] of the Depart- 

Sec 200. There shall be in the Department of State an Assistant Sec- nient of State. 
rotary of State, and a Second Assistant Secretary of State,* each of whom gecondAsfistant 
shall be appointed by the President, by and with the advice and consent Secretaries of 
of the Senate, and shall be entitled to a salary of six thousand dollars a State. 
year, to be paid monthly. [$ 177, Vacancies est Departments.] 

Sec. 202. The Secretary of State shall perform such duties as shall Management of 
from time to time be enjoined on or intrusted to him by the President ±orei S n aftairs. 
relative to correspondences, commissions, or instructions to or with pub- 
lic ministers or consuls from the United States, or to negotiations with 
public ministers from foreign states or princes, or to memorials or other 
applications from foreign public ministers or other foreigners, or to such 
other matters respecting foreign affairs as the President of the United 
States shall assign to the Department, and he shall conduct the business 
of the Department in such manner as the President shall direct. 

Sec. 203. The Secretary of State shall have the custody and charge of Custody of seals 
the seal of the United States and of the seal of the Department of State, aua P r °P ert r- 
aud of all the books, records, papers, furniture, fixtures, and other prop- 
erty now remaining in and appertaining to the Department, or hereafter 
acquired for it. [See Flag and Seal.] 

Sec. 204. t That section number two hundred and four of the Revised Promulgation 
Statutes of the United States shall hereafter read as follows : Whenever of the law3 - 
a bill, order, resolution or vote of the Senate and House of Representa- 
tives, having been approved by the President, or not having been re- 
turned by him with his objections, becomes a law or takes effect, it shall 
forthwith be received by the Secretary of State from the President ; and 
whenever a bill, order, resolution or vote is returned by the President 
with his objections, and, on being reconsidered, is agreed to be passed, 
and is approved by two-thirds of both Houses of Congress and thereby 
becomes a law or takes effect, it shall be received by the Secretary of 
State from the President of the Senate, or Speaker of the House of Rep- 
resentatives, in whichsoever House it shall last have been so approved, 
and he shall carefully preserve the originals. 

Sec. 205. Whenever official notice is received at the Department of Amendments 
State that any amendment proposed to the Constitution of the United to Constitution. 
States Las been adopted, according to the provisions of the Constitution, 
the Secretary of State shall forthwith cause the amendment to be pub- 
lished in the newspapers authorized to promulgate the laws, with his 
certificate, specifying the States by which the same may have been 
adopted, aud that the same has become valid, to all intents and pur- 
poses, as a part of the Constitution of the United States. 

Sec. 213. For making out and authenticating copies of records in the Fees for copies 
Department of State, a fee of ten cents for each sheet containing one of records, 
hundred words shall be paid by the person requesting such copies, 
except where they are requested by an officer of the United States in a 
matter relating to his office. 

* There is also a Third Assistant, authorized June 20, 1674. The salaries of the 
assistants are now three thousand five hundred dollars. 
fAfl amended by act of December 28, IcTL 



80 



DEPARTMENT OF THE TKEASUKY. 

See also Treasurer. 



Sec. 

245. Duties of Assistant Secretaries. 

246. Signing warrants. 

247. Effect of warrants. 

248. General duties of the Secretary. 



Sec. 

233. Establishment of the Department of the 

Treasury. 

234. Assistant 'Secretaries. 

243. Restrictions upon officers of the Department. 

244. Restrictions U[,on clerks of the Department. 

Title 7, Chap.l. Sec. 233. There shall be at the seat of Government an Executive 
Department to be known as the Department of the Treasurv, and a 
of th? Depart Secretary of the Treasury, who shall be the head thereof.* 
ment of the Sec. 234. There shall be in the Department of the Treasury two 
Treasury. Assistant Secretaries of the Treasury, who shall be appointed by the 

President, by and with the advice and consent of the Senate, and shall 
each be entitled to a salary of sixt thousand dollars a year, to be paid 
monthly. 
Restrictions Sec. 243. No person appointed to the office of Secretary of the Treas- 
ll P°5. officers of ury, or First Comptroller, or First Auditor, or Treasurer, or Register, 
the Department. s h a |} directly or indirectly be concerned or interested in carrying on 
the business of trade or commerce, or be owner in whole or in part of 
any sea-vessel, or purchase by himself, or another in trust for him, any 
public lands or other public property, or be concerned in the purchase 
or disposal of any public securities of any State, or of the United States, 
or take or apply to hi*s own use any emolument or gain for negotiating 
or transacting any business in the Treasury Department, other than 
what shall be allowed by law ; and every person who offends against 
any of the prohibitions of this section shall be deemed guilty of a high 
misdemeanor and forfeit to the United States the penalty of three thou- 
sand dollars, and shall upon conviction be removed from office, and for- 
ever thereafter be incapable of holding any office under the United 
States ; and if any other person than a public prosecutor shall give in- 
formation of any such offense, upon which a prosecution and conviction 
shall be had, one-half the aforesaid penalty of three thousand dollars, 
when recovered, shall be for the use of the person giving such informa- 
tion. 
Restrictions Sec. 244. Every clerk employed in the Treasury Department who 
Department. 6 carr i es on an y trade or business in the funds or debts of the United 
States, or of any State, or in any kind of public property, or who takes 
or applies to his own use any emolument or gain for negotiating or 
transacting any business in the Department, shall be deemed guilty of 
a misdemeanor, and punished by a fine of five hundred dollars and 
removed from office. 
Title 7, Chap. 2. Sec. 245. The Assistant Secretaries of the Treasury shall examine let- 
Duties of As- * e * s > cou tracts, and warrants prepared for the signature of the Secre- 
eistant Secreta- tary of the Treasury, and perform such other duties in the office of the 
ries. Secretary of the Treasury as may be prescribed by the Secretary or by 

law. [See § 177, under Vacancies in the Departments.] 

Sec. 246. The Secretary of the Treasury may, by an appointment 
: . under his hand and official seal, delegate to one of the Assistant Secre- 
taries of the Treasury authority to sign in his stead all warrants for the 
payment of money into the public Treasury, and all warrants for the 
disbursement from the public Treasury, of money certified by the 
proper accounting officers of the Treasury to be due upon accounts duly 
audited and settled by them. 
Sec. 247. Warrants signed by either of the Assistant Secretaries, as 
Effect of war- authorized by the preceding section, shall be in all cases of the same 
rants. validity as if they had been signed by the Secretary of the Treasury 

himself. 

Sec. 248. The Secretary of the Treasury shall, from time to time, 
General duties digest and prepare plans for the improvement and management of the 
of the Secretary, revenue, and for the support of the public credit ; shall superintend the 
collection of the revenue; shall, from time to time, prescribe the forms 
of keeping and rendering all public accounts and making returns ; shall 
grant, under the limitations herein established, or to be hereafter pro- 
vided, all warrants for moneys to be issued from the Treasury in pursu- 
ance of appropriations by law ; shall make report, and give information 



Signing 
rants. 



* Salary, eight thousand dollars, act of March 3, 1875. 

\ Salary, four thousand five hundred dollars, act of March 3, 1875. 



81 



to either branch of the legislature in person or in writing, as may be re- 
quired, respecting all matters referred to him by the Senate or House of 
Representatives, or which shall appertain to his office ; and generally 
shall perform all such services relative to the finances as he shall be 
directed to perform. 

DEPAETMENT OF WAR. 



Sec. 

214. Establishment of the Department of War. 

216. Management of military affairs. 

221. Meteorological observations, storm-signals. 

222. Signal-stations, reports, &c. 



Sec. 

223. Telegraph-lines connecting signal-stations. 

231. Report of examinations of river and harbor 

improvements. 
— Chief clerk may sign requisitions, &c. 



Sec. 214. There shall be at the seat of Government an Executive De- Titt© 6. 
partment to be known as the Department of War, and a Secretary of Establishment 
War, who shall be the head thereof.* of the Depart- 

ment of War. 

Sec. 216. The Secretary of War shall perform such duties as shall Management of 
from time to time be enjoined on or intrusted to him by the President millta ry affairs, 
relative to military commissions, the military forces, the warlike stores 
of the United States, or to other matters respecting military affairs ; 
and he shall conduct the business of the Department in such manner as 
the President shall direct. 

Sec. 221. The Secretary of War shall provide for taking meteorolog- Meteorological 
ical observations at the military stations in the interior of the continent, observation s, 
and at other points in the States and Territories, and for giving notice storm - sl g nals - 
on the northern lakes and sea-coast, by magnetic telegraph and marine 
signals, of the approach and force of storms. 

Sec. 222. The Secretary of War shall provide, in the system of obser- Signal-stations, 
vatious and reports in charge of the Chief-Signal Officer of the Army, reports, &c. 
for such stations, reports, and signals as may be found necessary for the 
benefit of agriculture and commercial interests. 

Sec. 223. The Secretary of War is authorized to establish signal-sta- Telegraph-lines 
tions at light-houses and at such of the life-saving stations on the lake conn ® c ^ ag si S" 
or sea-coast as may be suitably located for that purpose, and to connect na ' s a 
the same with such points as may be necessary for the proper discharge 
of the signal-service by means of a suitable telegraph-line in cases where 
no lines are in operation, to be constructed, maintained, and worked 
under the direction of the Chief Signal-Officer of the Army, or the Sec- 
retary of War and the Secretary of the Treasury ; and the use of the 
life-saving stations as signal-stations shall be subject to such regula- 
tions as may be agreed upon by said officials. 

Sec. 231. The Secretary of War shall cause to be prepared and sub- Report of ex- 
mitted to Congress, in connection with the reports of examinations and ami nations ot 
surveys of rivers and harbors hereafter made by order of Congress, full improvements? 01 
statements of all existing facts tending to show to what extent tlie gen- 
eral commerce of the country will be promoted by the several works of 
improvements contemplated by such examinations and surveys, to the 
end. that public moneys shall not be applied excepting where such im- 
provements shall tend to subserve the general commercial and naviga- 
tion interests of the United States. 



An act authorizing the chief clerk of the "War Department to sign requisitions on the 
Treasury during the temporary absence of the Secretary of War. 

Be it enacted by the Senate and House of Representatives of the United March 4, 1874. 

States of America in Congress assembled, Than when, from illness or other 

cause, the Secretary of War is temporarily absent from the War De- ^^mlxllihox- 
partment, he may authorize the chief clerk of the Department to sign i ze chief clerk to 
requisitions upon the Treasury Department, and other papers requiring sign requisitions, 
the signature of said Secretary; the same, when signed by the chief &c -> in nis ab 
clerk during such temporary absence, to be of the same force and effect 8ence - 
as if signed by the Secretary of War himself. 

Approved, March 4, 1874. 



6nl 



Salary eight thousand dollars. 



82 



DEBTS DUE BY OR TO THE UNITED STATES. 



Sec. 

3466. Priority established. 

3467. Liability of executors. 

3468. Priority of sureties. 

3469. Compromises. 

3470. Purchase on execution. 



Sec. 

3471. Discharge of poor debtor by Secretary of the 

Treasury. 

3472. Discharge by the Pre sides t. 

Deduction of debts due from judgments. 



Title 36. 



Priority estab 
lished. 



Liability of ex 
ecutors, &c. 



Priority of sure- 
ties. 



Compromise. 



Purchase 
execution. 



Discharge of 
poor debtor by 
Secretary of the 
Treasury. 



Sec. 3466. Whenever any person indebted to the United States is insol 
vent, or whenever the estate of any deceased debtor, in the hands of 
the executors or administrators, is insufficient to pay all the debts due 
from tbe deceased, the debts due to the United States shall be first 
satisfied ; and the priority hereby established shall extend as well to 
cases in which a debtor, not having sufficient property to pay all his 
debts, makes a voluntary assignment thereof, or in which the estate and 
effects of an absconding, concealed, or absent debtor are attached by 
process of law, as to cases in which an act of bankruptcy is committed. 

Sec. 3467. Every executor, administrator, or assignee, or other person 
who pays any debt due by the person or estate from whom or for which 
he acts, before he satisfies and pays the debts due to the United States 
from such person or estate, shall become answerable in his own person 
and estate for the debts so due to tbe United States, or for so much thereof 
as may remain due and unpaid. [See § 5101 E. S., Bankruptcy.] 

Sec. 3468. Whenever the principal in any bond given to the United 
States is insolvent, or whenever, such principal being deceased, his 
estate and effects which come to the hands of his executor, administrator, 
or assignee, are insufficient fcr the payment of his debts, and, in either 
of such cases, any surety on the bond, or tbe executor, administrator, 
or assignee of such surety pays to the United States the money due 
upon such bond, such surety, his executor, administrator, or assignee, 
shall have the like priority for tbe recovery and receipt of the moneys 
out of the estate and effects of such insolvent or deceased principal as 
is secured to the United States; and may bring and maintain a suit 
upon tbe bond, in law or equity, in his own name, for the recovery of 
all moneys paid thereon. 

Sec. 3469. Upon a report by a district attorney, or any special attorney 
or agent having charge of any claim in favor of tbe United States, showing 
in detail the condition of such claim, and tbe terms upon which the same 
may be compromised, and recommending that it be compromised upon 
the terms so offered, and upon the recommendation of the Solicitor of 
the Treasury, the Secretary of the Treasury is authorized to compromise 
£ uch claim accordingly. But the provisions of this section shall not apply 
to any claim arising under the postal laws. 

Sec. 3470. At every sale, on execution, at the suit of the United 
States, of lands or tenements of a debtor, the United States may, by 
such agent as the Solicitor of the Treasury shall appoint, become the 
purchaser thereof; but in no case shall the agent bid in behalf of the 
United States a greater amount than that of the judgment for which 
such estate may be exposed to sale, and the costs. Whenever such pur- 
chase is made, the marshal of the district in which the sale is held shall 
make all needful conveyances, assignments, or transfers to the United 
States. 

Sec. 3471. Any person imprisoned upon execution issuing from any 
court of the United States, for a debt due to the United States, which he 
is unable to pay, may, at any time after commitment, make application, 
in writing, to the Secretary of the Treasury, stating the circumstances 
of his case, and his inability to discharge the debt ; and thereupon the 
Secretary may make, or require to be made, an examination and inquiry 
into the circumstances of the debtor, by the oath of the debtor, which 
the Secretary, or any other person by him specially appointed, is author- 
ized to administer, or otherwise, as the Secretary shall deem necessary 
and expedient, to ascertain the truth ; and upon proof made to his satis- 
faction, that the debtor is unable to pay the debt for which he is impris- 
oned, and that he has not concealed or made any conveyance of his estate, 
in trust, for himself, or with an intent to defraud the United States, or to 
deprive them of their legal priority, the Secretary is authorized to receive 
from such -debtor any deed, assignment, or conveyance of his real or 
personal estate, or any collateral security, to the use of the United States. 
Upon a compliance by the debtor with such terms and conditions as the 



Secretary may judge reasonable and proper, the Secretary must issue his 
order, under his haud, to the keeper of the prison, directing him to dis- 
charge the debtor from his imprisonment under such execution. The 
debtor shall not be liable to be imprisoued again for the debt ; but the 
judgment shall remain in force, and may be satisfied out of any estate 
which may then, or at any time afterward, belong to the debtor. The 
benefit of this section shall not be extended to any person imprisoned 
for any fine, forfeiture, or penalty, incurred by a breach of any law of 
the United States, or for moneys had aud received by any officer, agent, 
or other person, for their use ; nor shall its provisions extend to any 
claim arising under the postal laws. 

Sec. 3472. Whenever any person is imprisoned upon execution for a Discharge by 
debt due to the United States, which he is unable to pay, and his case tae Presiaent - 
is such as does not authorize his discharge by the Secretary of the 
Treasury, under the preceding section, he may make application to the 
President, who, upon proof made to his satisfaction that the debtor is 
unable to pay the debt, and upon a compliance by the debtor with such 
terms and conditions as the President shall deem proper, may order the 
discharge of such debtor from his imprisonment. The debtor shall not 
be liable to be imprisoned again for the same debt; but the judgment 
shall remain in force, and may be satisfied out of any estate which may 
then, or at any time afterward, belong to the debtor. 

An act to provide for deducting any debt due the United States from any judgment 
recovered against the United States by such debtor. 

Be it enacted by the Senate and Rouse of Representatives of the United Amount of debt 
States of America in Congress assembled, That when any final judgment aue D~. S. to be 
recovered against the United States or other claim duly allowed by legal ^tarv of T e 
authority, shall be presented to the Secretary of the Treasury for pay- ury i n paying 
ment, and the plaintiff or claimant therein shall be indebted to the judgments, (fee" 
United States in any manuer, whether as principal or surety, it shall be of debtor against 
the duty of the Secretary to withhold payment of an amount of such 
judgment or claim equal to the debt thus due to the United States ; aud 
if such plaintiff or claimant assents to such set off, and discharges his 
judgment or an amount thereof equal to said debt or claim, the Secre- Secretary to 
tarv shall execute a discharge of the debt due from the plaintiff to the execute" dis- 
united States. But if such plaintiff, or claimant, denies his indebted- charge, when, 
ness to the United States, or refuses to consent to the set-off, then the 
Secretary shall withhold paymeut of such further amount of such judg- Additional 
ment, or claim, as in his opinion will be sufficient to cover all legal a ™ (m *Mj , to be 
charges and costs in prosecuting the debt of the United States to final ^aimant denfes 
judgment. And if such debt is not already in suit, it shall be the duty debt. 
of the Secretary to cause legal proceedings to be immediately corn- Duty of Secre- 
menced to enforce the same, aud to cause the same to be prosecuted to ^"\ y t t0 sue on 
final judgment with all reasonable dispatch. And if in such action Balance how 
judgment shall be rendered against the United States, or the amouut paid to claimant 
recovered for debt and costs shall be less than the amount so withheld when judgment 
as before provided, the balance shall then be paid over to such plaintiff f^"^ s ^im than 
by such Secretary with six per cent, interest, thereon for the time it has Withheld! 
been withheld from the plaintiff. 

Approved, March 3, 1875. 

DESERTERS AND DESERTION. 



Sec. 

1420. Deserters not to be enlisted. 
1553. Enticing persons to desert. 
1624. Punishment for desertion, enlisting desert- 
ers, &c. 



Sec. 

4749. Certain soldiers and sailors not to be deemed 

deserters. 
5455. Enticing desertion, harboring deserters. 



Sec. 14*20. No minor under the age of sixteen years, no insane or in- Title I. 5, Chap. 1 
toxicated person, and no deserter from the naval or military service of Persons not to 
the United States shall be enlisted in the naval service. be enlisted. 



Skc. 1553. Any person who shall entice or procure, or attempt to Title 15, Chap. 7. 

entice or procure, any seaman or other person in the naval service of R rltic j no . T^T 
the United States, or who has been recruited for such service,' to desert auU3 to de'sert. 
therefrom, or who shall in anywise aid or assist any such seaman or 
other person iu deserting, or in attempting to desert from such service, 



84 

or who shall harbor, conceal, protect, or in anywise assist any such sea- 
man or other person who may have deserted from said service, know- 
ing him to have deserted therefrom, or who shall refuse to give up and 
deliver such person on the demand of an officer authorized to receive 
him, shall be punished by imprisonment for not less than six months 
nor more than three years, and by line of not more than two thousand 
dollars, to be enforced in any court of the United States having juris- 
diction. 

Title 15, Chap. 10. Sec. 1624. * ****** 

Offenses punish- Art * 4# Tlie Punishment of death, or such other punishment as a 
able by death. court-martial may adjudge, may be inflicted on any person in the naval 
service — 

Desertion in Sixth.* * , in time of war, deserts or entices others to desert ; 
time "of war. 

Deserting trust. Seventh. * * , in time of war, deserts or betrays his trust, or 

entices or aids others to desert or betray their trust ; 
Offenses pun- Art. 8. Such punishment as a court-martial may adjudge may be 
ishable at discre- inflicted on any person in the Navy — 
tionof court-mar- w j 1Q ******* 

Desertion in Twenty-first.* * in time of peace, deserts or attempts to desert, 
time of peace, or aids and entices others to desert ; 

Harboring de- Twenty-second. Or receives or entertains any deserter from any other 
serters. vessel of the Navy, knowing him to be such, and does not, with all con- 

venient speed, give notice of such deserter to the commander of the ves- 
sel to which he belongs, or to the commander-in-chief, or to the com- 
mander of the* squadron. 
Officers absent Art. 9. Any officer who absents himself from his command without 
mav be^ed^ced 6 leave mav .' b y the sentence of a court-martial, be reduced to the rating 
y of an ordinary seaman. 

Desertion by re- Art. 10. Any commissioned officer of the Navy or Marine Corps who, 
signation. having tendered his resignation, quits his post or proper duties without 

leave, and with intent to remain permanently absent therefrom, prior 
to due notice of the acceptance of such resignation, shall be deemed 
and punished as a deserter. 
Enlisting de - Art. 19. Any officer who knowingly enlists into the naval service any 
serters, minors, deserter from the naval or military service of the United States h * 
* shall be dishonorably dismissed from the service of the United 
States. 

Title 57. ^ EC ' 4749. No soldier or sailor shall be taken or held to be a deserter 

from the Army or Navy who faithfully served according to his enlist- 

Certain soldiers ment until the nineteenth day of April, eighteen hundred and sixty-five, 
be deemed 0t d t0 an( ^ wuo > without proper authority or leave first obtained, quit his com- 
serters, &c. " mand or refused to serve after that date; but nothing herein contained 
shall operate as a remission of any forfeiture incurred by any such sol- 
dier or sailor of his pension ; but this section shall be construed solely 
as a removal of any disability such soldier or sailor may have incurred, 
by the loss of his citizenship in consequence of his desertion. 

Sec. 5455. Every person who entices or procures, or attempts or en- 
Title 70, Chap. 5. deavors to entice or procure, any soldier in the military service of the 
Enticing deser- United States, or who has been recruited for such service, to desert there- 
tions from the f romj or w i2 a ids a ny suc h soldier in deserting or attempting to desert 
serviced ° V DaV& ^ rom sucn service, or who harbors, conceals, protects, or assists any such 
soldier who may have deserted from such service, knowing him to have 
deserted therefrom, or who refuses to give up and deliver such soldier 
on the demand of any officer authorized to receive him, shall be pun- 
ished by imprisonment not less than six months nor more than two 
years, and by a fine not exceeding five hundred dollars; and every per- 
son who entices or procures, or attempts or endeavors to entice or pro- 
cure, any seaman in the naval service of the United States, or who has 
been recruited for such service, to desert therefrom, or who aids any 
such seaman in deserting or in attempting to desert from such service, 
or who harbors, conceals, protects, or assists any such seaman who may 
have deserted from such service, knowing him to have deserted there- 
from, or who refuses to give up and deliver such sailor on the demand 
of any officer authorized to receive him, shall be punished by imprison- 
ment not less than six months nor more than three years, and by a fine 
of not more than two thousand dollars. [See §§ 1996-1997, 1998-1999, 
Citizenship, and 2438 Bounty Land.] 



85 

DIPLOMATIC AND CONSULAR OFFICERS. 

See also Foreign Relations, Vessels of Merchant Service, and Seamen — Mer- 
chant. 



Sec. 

1433. Navy officers temporarily exercising con- 
sular powers. 

1440. Accepting appointments vacates Navy com- 
mission. 

1674. Official designations, consular and diplo- 
matic service. 

1684. Condition of compensation of charg6 

d'affaires or secretary. 

1685. Compensation of secretary of legation act- 

ing as charge d"affaires. 

1686. Compensation of persons filling two offices. 
1688. Uniforms and official costumes. 

1707. Protests. 

1708. Lists and returns of seamen, vessels, &c. 

1709. Estates of decedents. 

1710. Notification of death. 

1711. Decedent's directions to be followed. 

1718. Fees allowed for official service. 

1719. No profit from discharged seamen. 



Sec. 

1723. Exacting excessive fees. 

Hog > Neglect of duty by consuls. 

1737. False certificate of property. 

1738. When consular officers may perform diplo- 

matic functions. 

1739. Compensation of consular officer performing 

diplomatic functions. 

1750. Depositions. 

1751. Certain correspondence prohibited. 

4079. Powers of foreign consuls over disputes be- 

tween seamen. 

4080. Arrest of seamen on application of consul. 

4081. Commitment and discharge. 

4082. Power of United States consular officers to 

solemnize marriages. 

Allowance of travel. 

Vice-consuls acting as consuls, pay, &c. 

Absence, correspondence, &c. 



Sec. 1433. The commanding officer of any fleet, squadron, or vessel Title 15, Chap. 2 
acting singly, when upon the high seas or in any foreign port where consular pow- 
there is no resident consul of the United States, shall be authorized to 6 rs. 
exercise all the powers of a consul in relation to mariners of the United 
States. 

Sec. 1440. If any officer of the Navy accepts or holds an appointment Accepting ap- 
in the diplomatic or consular service of the Government, he shall bc^Smatio serv^ 
considered as having resigned his place in the Navy, and it shall be j C e. 
filled as a vacancy. 



Sec. 1674. The official designation employed throughout this Title Title 18, Chap. 1. 
shall be deemed to have the following meanings, respectively : — 

First. " Consul-general," " consul," and " commercial agent," shall be -P?^ 11 ^ 011 . of 
deemed to denote full, principal, and permanent consular officers, as ^SemSvSta 
distinguished from subordinates and substitutes. this title. 

Second. " Deputy consul " and "consular agent" shall be deemed to 
denote consular officers subordinate to such principals, exercising the 
powers and performing the duties within the limits of their consulates 
or commercial agencies respectively, the former at the same ports or 
places, and the latter at ports or places different from those at which 
such principals are located respectively. 

Third. " Vice-consuls," and " vice commercial agents," shall be deemed 
to denote consular officers, who shall be substituted, temporarily, to 
fill the places of consuls-general, consuls, or commercial agents, when 
they shall be temporarily absent or relieved from duty. 

Fourth. " Consular officer " shall be deemed to include consuls-general, 
consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial 
agents, and consular agents, and none others. 

Fifth. "Diplomatic officer" shall be deemed to include ambassadors, 
envoys extraordinary, ministers plenipotentiary, ministers resident, 
commissioners, charge's d'affaires, agents, and secretaries of legation, 
and none others. 

Sec. 1684. To entitle any charge' d'affaires, or secretary of any lega- Condition of 
tion or embassy to any foreign country, or secretary of any minister compensation of 
plenipotentiary, to compensation, they shall respectively be appointed cbarg6 d'affaires 
by the President, by and with the advice and consent of the Senate ; 01 8ecxe ary " 
but in the recess of the Senate the President is authorized to make such 
appointments, which shall be submitted to the Senate at the next ses- 
sion thereafter, for their advice and consent ; and no compensation 
shall be allowed to auy charge d'affaires, or any of the secretaries here- 
inbefore described, who shall not be so appointed. 

Sec. 1685. For such time as any secretary^ legation shall be law- Compensation ot 
fully authorized to act as charge^ d'affaires ad interim at the post to secretary of lega- 
which he shall have been appointed, he shall be eutitled to receive com- cbTr4 d'affaires* 
pensation at the rate allowed by law for a charge" d'affaires at such post; 
but he shall not be entitled to receive, for such time, the compensation 
allowed for his services as secretary of legation. 



86 

Compensation Sec. 1686. When to any diplomatic office held by any person there is 
of P e ^°"^ filling superadded another, such person shall be allowed additional compensa- 
tion for his services, in such superadded office, at the rate of fifty per 
centum of the amount allowed by law for such surperadded office, and 
for such time as shall be actually and necessarily occupied in making the 
transit between the two posts of duty, at the commencement and termi- 
nation of the period of such superadded office, and no longer; and such 
superadded office shall be deemed to continue during the time to which 
it is limited by the terms thereof. 
' Uniforms and Sec. 1688. No person in the diplomatic servic'e of the United States 
official costumes, shall wear any uniform or official costume not previously authorized by 
Congress. 

Title 18, Chap. 2. g EC< 1?07 Consuls and vice-consuls shall have the right, in the ports 
Protests. or places to which they are severally appointed, of receiving the pro- 

tests or declarations which captains, masters, crews, passengers, or mer- 
chants, who are citizens of the United States, may respectively choose 
to make there : and also such as any foreigner may choose to make before 
them relative to the personal interest of any citizen of the United 
States? Copies of such acts duly authenticated by consuls or vice-con- 
suls, under the seal of their consulates, respectively, shall be received 
in evidence equally with their originals in all courts in the United 
States. [See % 896, Evidence.] 
Lists and re- Sec> 1708# Every consular officer shall keep a detailed list of all sea- 
vessels &c. amen ' raen an ^ mariners shipped and discharged by him, specifying their 
names and the names of the vessels on which they are shipped and from 
which they are discharged, and the payments, if any, made on account 
of each so discharged ; also of the number of the vessels arrived and 
departed, the amounts of their registered tonnage, and the number of 
their seamen and mariners, and of those who are protected, and whether 
citizens of the United States or not, and as nearly as possible the na- 
ture and value of their cargoes, and where produced, and shall make 
returns of the same, with their accounts and other returns, to the Sec- 
retary of the Treasury. [See §§ 4561, 4580, under Seamen — Merchant.] 

Sec. 1709. It shall be the duty of consuls and vice-consuls, where the 
laws of the country permit : 
Estates of de- First. To take possession of tho personal estate left by any citizen of 
the United States, other than seamen belonging to any vessel, who shall 
die within their consulate, leaving there no legal representative, partner 
in trade, or trustee by him appointed to take care of his effects. 

Second. To inventory the same with the assistance of two mer- 
chants of the United States, or, for want of them, of any others at their 
choice. 

Third. To collect the debts due the deceased in the country where 
he died, and pay the debts due from his estate which he shall have there 
contracted. 

Fourth. To sell at auction, after reasonable public notice, such part of 
the estate as shall be of a perishable nature, and such further part, if 
any, as shall be necessary for the payment of his debts, and, at the ex- 
piration of one year from his decease, the residue. 

Fifth. To transmit the balance of the estate to the Treasury of the 
United States, to be holden in trust for the legal claimant ; except that 
if at any time before such transmission the legal representative of the 
deceased shall.appear and demand his effects in their hands they shall 
deliver them up, being paid their fees, and shall cease their proceed- 
ings. 
Notification of Sec. 1710. For the information of the representative of the deceased, 
death. the consul or vice-consul, in the settlement of his estate, shall immedi- 

ately notify his death in one of the gazettes published iu the consulate, 
and also to the Secretary of State, that the same may be notified in the 
State to which the deceased belonged ; and he shall, as soon as may be, 
transmit to the Secretary of State an inventory of the effects of the de- 
ceased, taken as before directed. 
Decedent's di- Sec. 1711. When any citizen of the United States, dying abroad, leaves, 
rections to be fol- by any lawful testamentary disposition, special directions for the custody 
lowed. ; a nd management, by the consular officer of the port or place where he 

dies, of the personal property of which he dies possessed in such country, 
such officer shall, so far as the laws of the country permit, strictly 
observe such directions. When any such citizen so dying, appoints, by 
any lawful testamentary disposition, any other person than such officer 



87 

to take charge of aud manage such property, it shall he the duty of the 
officer, whenever required by the person so appointed, to give his official 
aid in whatever way may be necessary to facilitate the proceedings of 
such person in the lawful execution of his trust, aud, so far as the laws 
of the country permit, to protect the property of the deceased from any 
interference of the local authorities of the country where such citizen 
dies ; aud to this end it shall be the duty of such consular officer to place 
his official seal upou all of the personal property or effects of the 
deceased, and to break aud remove such seal as may be required by 
such person, and not otherwise. 

Sec. 1713. Whenever any master or commander of a vessel of the Fees allowed 
United States has occasion for any consular or other official service, ^ ° cia serv " 
which any consular officer of the United States is authorized by law or 
usage officially to perform, and for which auy fees are allowed by the 
rates or tariffs of fees, he shall apply to the consular officer at the con- 
sulate or commercial agency where such service is required to perform 
such service, and shall pay to such officer the fees allowed for such serv- 
ice by the rates or tariffs of fees. And every such master or commander 
who omits so to do shall be liable to the Uuited States for the amount 
of the fees lawfully chargeable for such services wheu actually per- 
formed. All consular officers are authorized and required to retain in 
their possession all the papers of such vessels, which shall be deposited 
with them as directed by law, till payment shall be made of all demands 
aud wages on account of such vessels. [See §§ 4207,4309, Vessels — 
Merchant.] 

Sec. 1719. Xo consular officer, nor any person under any consular No profit from 
officer shall make any charge or receive, directly or indirectly, any com- discharged sea- 
pensation, by way of commission or otherwise, for receiving or disburs- men " 
ing the wages or extra wages to which auy seaman or mariner is entitled 
who is discharged in any foreign couutry, or for any money advanced 
to auy such seaman or mariner who seeks relief from any consulate or 
commercial agency : nor shall any consular officer, or any person under 
any consular officer, be interested, directly or indirectly, in any profit 
derived from clothing, boarding, or otherwise supplying or sending home 
any such seaman or mariner. Such prohibition as to profit, however, 
shall not be construed to relieve or prevent any such officer who is the 
owner of or otherwise interested in any vessel of the United States, from 
transporting in such vessel any such seaman or mariner, or from receiv- 
ing or being interested in such reasonable allowance as may be made 
for such transportation by law. [See §§ 4561, 4577, 4578, 4580, 4581, 4584, 
under Seamen — Merchant.] 

Sec. 1723. Whenever any consular officer collects, or knowingly allows Exacting exces- 
to be collected for any service, auy other or greater fees than are allowed sive fees - 
by law for such service, he shall, besides his liability to refund the same, 
be liable to pay to the person by whom or in whose behalf the same are 
paid, treble the amount of the unlawful charge so collected, as a penalty, 
to be recovered with costs, in any proper form of action, by such person 
for his own use. And in any such case the Secretary of the Treasury 
may retain out of the compensation of such officer, the amount of such 
overcharge, and of such penalty, and charge the same to such officer in 
account, and may thereupon refund such unlawful charge, and pay such 
penalty to the person entitled to the same if he shall think proper so 
to do. * 

Sec. 1735. Whenever any consular officer willfully neglects or omits Neglectof duty 
to perform seasonably any duty imposed upon him by law„ or by any &c « 
order or instruction made or given in pursuance of law, or is guilty of 
any willful malfeasance or abuse of power, or of any corrupt conduct 
in his office, he shall be liable to all persons injured by any such neglect, 
or omission, malfeasance, abuse, or corrupt conduct, for all damages 
occasioned thereby ; and for all such damages, he and his sureties upou 
his official bond shall be responsible thereon to the full amount of the 
penalty thereof, to be sued in the name of the United States for the use 
of the person injured. Such suit, however, shall in no case prejudice, 
but shall be held in entire subordination to the interests, claims, and 
demands of the United States, as against any officer, under such bond, 
for every willful act of malfeasance or corrupt conduct in his office. 

1736. If any consul or commercial agent neglects or omits to per- Neglect of duty 
form, seasonably, the duties imposed upon him by the laws regulatiugto seamen; cor- 
fche shipment and discharge of seamen, and the reclamation of deserters ru P t con( hict. 
on board or from vessels in foreign ports, or is guilty of any mal versa- 



88 

tion or abuse of power, he shall be liable to any injured person for all 
damage occasioned thereby ; and for all malversation and corrupt con- 
duct in office, he shall be punishable by imprisonment for not more than 
five years and not less than one, and by a fine of not more than ten 
thousand dollars and not less than one thousand. [See § 4600, under 
Seamen — Merchant. ] 
False certifl- ' Sec. 1737. If any consul, vice-consul, commercial agent, or vice-com- 
cate of property, mercial agent falsely and knowingly certifies that property belonging 
to foreigners is property belonging to citizens of the United States, he 
shall be punishable by imprisonment for not more than three years and 
by a fine of not more than ten thousand dollars. 
"When consular Sec. 1738. No consular officer shall exercise diplomatic functions, or 
officers may per- hold any diplomatic correspondence or relation on the part of the United 
form diplomatic States, in, with, or to the government or country to which he is ap- 
unctions. pointed, or any other country or government, when there is in such 

country any officer of the United States authorized to perform diplo- 
matic functions therein; nor in any case, unless expressly authorized 
by the President so to do. [See § 5335, under Treason.] 
Compensation g EC# 1739, Yot 8UC ] 1 ft me as any consular officer shall be authorized 
cer C perform i°n g *° Perform diplomatic functions, in the absence of the regular diplomatic 
diplomatic func- officer in the country to which he shall be appointed, he shall be entitled, 
tions. in addition to his compensation as such consular officer, to receive com- 

pensation for his services while so authorized, at the rate which would 
be allowed for a secretary of legation in such country. 

Title 18, Chap. 3. g EC# 1750. Every secretary of legation and consular officer is hereby 
Depositions. authorized, whenever he is required or deems it necessary or proper so 
to do, at the post, port, place, or within the limits of his legation, con- 
sulate, or commercial agency, to administer to or take from any person 
an oath, affirmation, affidavit, or deposition, and to perform any notarial 
act which any notary public is required or authorized by law to do 
within the United States. Every such oath, affirmation, affidavit, depo- 
sition, and notarial act administered, sworn, affirmed, taken, had, or 
done, by or before any such officer, when certified under his hand and 
seal of office, shall be as valid, and of like force and effect within the 
United States, to all intents and purposes, as if administered, sworn, 
affirmed, taken, had, or done, by or before any other person within the 
Penalty for per- United States duly authorized and competent thereto. If any person 
jury in such s^an willfully and cerruptly commit perjury, or by any means procure 
any person to commit perjury in any such oath, affirmation, affidavit, or 
deposition, within the intent and meaning of any act of Congress now 
or hereafter made, such offender may be charged, proceeded against, 
tried, convicted, and dealt with in any district of the United States, in 
the same manner, in all respects, as if such offense had been committed 
in the United States, before any officer duly authorized therein to admin- 
ister or take such oath, affirmation, affidavit, or deposition, and shall be 
subject to the same punishment and disability therefor as are or shall 
Evidence of be prescribed by any such act for such offense; and any document pur- 
taking the oath, porting to have affixed, impressed, or subscribed thereto or thereon the 
seal and signature of the officer administering or taking the same in 
testimony thereof, shall be admitted in evidence without proof of any 
such seal or signature being genuine or of the official character of snch 
Penalty for person; and if any person shall forge any such seal or signature, or 
forging certifi- shall tender in evidence any such document with a false or counterfeit 
cate of oath. gea j or signature thereto, knowing the same to be false or counterfeit, 
he shall be deemed and taken to be guilty of a misdemeanor, and on con- 
viction shall be imprisoned not exceeding three years nor less than one 
year, and fined in a sum not to exceed three thousand dollars, and may 
be charged, proceeded against, tried, convicted, and dealt with, there- 
for, in the district where he may be arrested or in custody. [See §§ 5392, 
5393, Perjury.] 
Certain corre- Sec. 1751. No diplomatic or consular officer shall correspond in regard 
spondenceby offi- to the public affairs of any foreign government with any private person, 
cers prohibited, newspaper, or other periodical, or otherwise than with the proper offi- 
cers of the United States, nor recommend any person, at home or abroad, 
for any employment of trust or profit under the government of the 
country in which he is located ; nor ask or accept, for himself or any 
other person, any present, emolument, pecuniary favor, office, or title ot 
any kind, from any such government. [See June 17, 1874, post.'] 



89 

Sec. 4079. Whenever it is stipulated by treaty or convention between Title 47. 
the United States and any foreign nation that the consul-general, con- p owers f f or - 
suls, vice-consuls, or consular or commercial agents of each nation, shall e i<jn consuls over 
have exclusive jurisdiction of controversies, difficulties, or disorders disputes between 
arising at sea or iu the waters or ports of the other nation, betweeu the seamen, 
master or officers and any of the crew, or between any of the crew them- 
selves, of any vessel belonging to the nation represented by such con- 
sular officer, such stipulations shall be executed and enforced within 
the jurisdiction of the United States as hereinafter declared. But be- 
fore' this section shall take effect as to the vessels of any particular 
nation having such treaty with the United States, the President shall 
be satisfied that similar provisions have been made for the execution of 
snch treaty by the other contracting party, and shall issue his procla- 
mation to' that effect, declaring this section to be in force as to such 
nation. [See § 5280, Extradition - .] 

Sec. 4060. Iu all cases within the purview of the preceding section Arrest of sea- 
tbe consul-general, consul, or other consular or commercial authority of men on applica- 
such foreign nation charged with the appropriate duty iu the particular tl0n of con sul. 
case, may make application to any court of record of the Uuited States, 
or to any judge thereof, or to any commissioner of a circuit court, set- 
ting forth that such controversy, difficulty, or disorder has arisen, 
briefly stating the nature thereof, and when and where the same oc- 
curred, and exhibiting a certified copy or extract of the shipping-articles, 
roll, or other proper paper of the vessel, to the effect that the person in 
question is of the crew or ship's company of such vessel ; and further 
stating and certifying that such person has withdrawn himself, or is 
believed to be about to withdraw himself, from the control and disci- 
pline of the master and officers of the vessel, or that he has refused, or 
is about to refuse, to submit to and obey the lawful jurisdiction of such 
consular or commercial authority in the premises; and further stating 
and certifying that, to the best of the knowledge and belief of the officer 
certifying, such person is not a citizen of the United States. Such ap- 
plication shall be iu writing and duly authenticated by the consular or 
other sufficient official seal. Thereupon such court, judge, or commis- 
sioner shall issue his warrant for the arrest of the person so complained 
of, directed to the marshal of the United States for the appropriate dis- 
trict, or in his discretion to auy persou, being a citizen of the United 
States, whom he may specially depute for the purpose, requiring such 
person to be brought before him for examination at a certain time and 
place. 

Sec. 4081. If, on such examination, it is made to appear that the per- Commitment 
son so arrested is a citizen of the United States, he shall be forthwith and discharge, 
discharged from arrest, and shall be left to the ordinary course of law. 
But if this is not made to appear, and such court, judge, or commis- 
sioner finds, upon the papers hereinbefore referred to, a sufficient prima- 
facie case that the matter concerns only the internal order and discipline 
of such foreign vessel, or, whether in its nature civil or criminal, does 
not affect directly the execution of the laws of the United States, or 
the rights and duties of any citizen of the United States, he shall forth- 
with, by his warrant, commit such person to prison, where prisoners 
under a sentence of a court of the United States may be lawfully com- 
mitted, or, in his discretion, to the master or chief officer of such foreigu 
vessel, to be subject to the lawful orders, control, and discipline of such 
master or chief officer, and to the jurisdiction of the consular or com- 
mercial authority of the nation to which such vessel belongs, to the ex- 
clusion of any authority or jurisdiction in the premises of the United 
States or any State thereof. No person shall be detaiued more than 
two months after his arrest, but at the end of that time shall be set at 
liberty and shall not again be arrested for the same cause. The ex- 
penses of the arrest ami the detention of the person so arrested shall 
be paid by the consular officers making the application. 

. 4082. Marriages in presence of any consular officer of the United Power of Uni- 
States in a foreign country, between persons who would be authorized ted States con- 
to marry if residing in the District of Columbia, shall be valid to all sular officers to 
intents and purposes, and shall have the same effect as if solemnized ^leoa! 1 ™ mar " 
within the United States. And such consular officers shall, in all cases, 
give to the parties married before them a certificate of such marriage, 
and shall send another certificate thereof to the Department of State, 
there to be kept ; such certificates shall specify the names of the parties, 
their ages, places of birth, and residence. 



90 



Act making appropriations for consular and diplomatic service. 

June 11, 1S74. Sec. 4. That the Secretary of State shall, as soon as practicable, es- 

Necessarv time ^ a ^^ SQ anc ^ determine the maximum amouut of time actually necessary 

for traveling be- to make the transit between each diplomatic and consular post and the 

tween diplomatic city of Washington, and vice versa, and shall make the same public. 

and consular He may also, from time to time, revise his decision in this respect ; but 

Fnato^to D^de- * n eacn case tne decision is to be in like manner made public. And the 

terminer, &c. allowance for time actually and necessarily occupied by each diplomatic 

and consular officer who may be entitled to such allowance shall in no 

case exceed that for the time thus established and determined, with the 

addition of the time usually occupied by the shortest and most direct 

mode of conveyance from Washington to the place of residence in the 

United States of such officer. 



p of v j ce . Sec. 6. That any vice-consul who may be temporarily acting as con- 
consuls acting as- sul during the absence of such consul may receive compensation, not- 
eonsuls. withstanding that he is not a citizen of the United States. 

Approved, June 11, 1874. 

An act relating to ambassadors, consuls, and other officers. 

June 17, 1S74. Be it enacted by the Senate and House of Representatives of the United 

; ; States of America in Congress assembled, That no Ambassador, Envoy Ex- 

Diplomatic and traordinary Minister Plenipotentiary, Minister Resident, Commissioner 
not S to a be "absent t° anv foreign country, charg6 d'affaires, Secretary of Legation, As- 
without leave. sistant Secretary of Legation, Interpreter to any Legation in any foreign 
country, Consul General, Consul, Commercial Agent, consular pupils, 
or consular agent shall be absent from his post or the performance of 
No compensa- n ^ 8 duties for a longer period than ten days at any one time, without 
tion when absent, the permission previously obtained of the President. And no compen- 
sation shall be allowed for the time of any such absence in any case 
except in cases of sickness ; nor shall any diplomatic or consular officer 
oSTot to corre- correspond in regard to the public affairs of any foreign government 
spond -with pri- with any private person, newspaper, or other periodical, or otherwise 
vate persons or tlian witll the pr o per officers of the United States ; nor without the 
relation^ to S foi> consent of the Secretary of State previously obtained, recommend any 
eign govern -person at home or abroad for any employment of trust or profit under 
ments. the government of the country in which he is located ; nor ask or ac- 

N"ot to recom- ce ^ f 0Y hi^gif or an y other person, auy present, emolument, pecuniary 
employmentf&cf f av <>r, office, or title of any kind from any such government. 
Approved, June 17, 1874. 



DISBUBSING OFFICERS AND AGENTS. 

See also Embezzlement. 



Sec. 
285. Disbursements by order of commanding 

officer. 
957. Snits against delinquents. 
1550. Disbursing agents on foreign stations. 
1788. Disbursing officers forbidden to trade in pub- 
lic funds or property. 
3614. Bonds of special agents. 



Sec. 

3620. Duty of disbursing officers. 

3621. Penalty for failure to deposit when required. 

3622. Accounts. 

3623. Distinct accounts required. 

3624. Suits to recover moneys from officers. 
5438. Improper use of public moneys. 



Title 7, Chap. 4. Sec. 285. Every disbursement of public moneys, or disposal of public 
Disbursements stores ; mac l e by a disbursing officer pursuant to an order of any coni- 
&c, by order f manding officer of the Navy, shall be allowed by the proper accounting 
commanding offi- officers of the Treasury, in the settlement of the accounts of the officer, 
cer of Navy. upon satisfactory evidence of the making of such order, and of the pay- 
ment of money or disposal of stores in conformity with it ; and the com- 
manding officer by whose order such disbursement or disposal was made, 
shall be held accountable for the same. 



Title 13, Chap. 18. Sec. 957. When suit is brought by the United States against any rev- 

-—— r^T - enue officer or other person accountable for public money, who neglects 

public^money; or refuses to pay into the Treasury the sum or balance reported to be 
judgment at re- due to the United States, upon the adjustment of his account it shall be 
turn term, unless, the duty of the court to grant judgment at the return term, upon motion, 
&c - unless the defendant, in open court, (the United States attorney being- 

present,) makes and subscribes an oath that he is equitably entitled to 



91 

credits which had been, previous to the commencement of the suit, sub- 
mitted to the accounting officers of the Treasury, and rejected ; specify- . 
ing in the affidavit each particular claim so rejected, and that he cannot 
then safely come to trial. If the court, when such oath is made, sub- 
scribed, and tiled, is thereupon satisfied, a continuance until the next 
succeeding term may be granted. Such continuance may also be granted 
when the suit is brought upon a bond or other sealed instrument, and 
the defendant pleads non est factum, or makes a motion to the court, 
verifying such plea or motion by his oath, and the court thereupon re- 
quires the production of the original bond, contract, or other paper 
specified in the affidavit. And no continuance shall be granted except 
as herein provided. [See ti 3624.] 

Sec. 1550. No person shall be employed or continued abroad, to receive -puie 15 Chap. 7. 
and pay money for the use of the naval service on foreign stations, ~r ~ ~ f 
whether under contract or otherwise, who has not been, or shall not be, persons ^dis- 
appointed by and with the advice and consent of the Senate. burse money on 

foreign stations. 

Sec. 1788. Every officer of the United States concerned in the disburse- Title 19. 
meut of the revenues thereof who carries on auy trade or business in Disbursing offi- 
the funds or debts of the Uuited States, or of any State, or in any public cers forbidden to* 
property of either, shall be deemed guilty of a misdemeanor, and pun- trade in public 
ished by a hue of three thousand dollars, and shall, upon conviction, be fnndsorproperty. 
removed from office, and forever thereafter be incapable of holding any 
office under the United States. 

Sec. 3614. Whenever it becomes necessary for the head of any de- Title 40. 
partment or office to employ special agents other than officers of" the Bonds of special 
army or navy, who may be charged with the disbursement of public agents. 
moneys, such agents shall, before entering upon duty, give bond in such 
form and with such security as the head of the department or office em- 
ploying them may approve. 

Sec. 3620. It shall be the duty of every disbursing officer having any Duty of dis- 
public money intrusted to him for disbursement, to deposit the same Dur smg officers, 
with the Treasurer or some one of the assistant treasurers of the Uuited 
States, and to draw for the same only as it may be required for payments 
to be made by him in pursuance of law ; and all transfers from the Treas- 
urer of the United States to a disbursing officer shall be by draft or 
warrant on the Treasury or an assistant treasurer of the United States. 
In places, however, where there is no treasurer or assistant treasurer, 
the Secretary of the Treasury uiay, when he deems it essential to the 
public interest, specially authorize in writing the deposit of such public 
money in auy other public depository, or, in writing, authorize the same 
to be kept in auy other manner, and under such rules and regulations as 
he may deem most safe and effectual to facilitate the payments to pub- 
lic creditors. [See o 5488.] 

Sec. 3621. Every person who shall have moneys of the United States Penalty for fail- 
in his hands or possession shall pay the same to. the Treasurer, an assist- ure t0 deposit 
ant treasurer, or some public depositary of the United States, and take q U i re ^, 
his receipt for the same, in duplicate, and forward oue of them forthwith 
to the Secretary of the Treasury. [See yN 5492, Embezzlement.] 

Sec. 3622. Every officer or agent of the United States who receives Accounts, 
public money which he is not authorized to retain as salary, pay, or emol- 
ument, shall render his accounts monthly. Such accounts, with the 
vouchers necessary to the correct and prompt settlement thereof, shall 
be seut by mail, or otherwise, to the Bureau to which they pertain, 
within t^n days after the expiration of each successive mouth, and, after 
examination there, shall be passed to the proper accounting officer of the 
Treasury for settlement. Disbursing officers of the Navy shall, however, 
render their accounts and vouchers direct to the proper accounting offi- 
cer of the Treasury. In case of the nou-receipt at the Treasury, or 
proper Bureau, of any accounts withiu a reasonable and proper time there- 
after, the officer whose accounts are in default shall be required to fur- 
nish satisfactory evidence of having complied with the provisions of this 
section. The Secretary of the Treasury may, if in his opinion the cir- 
cumstances of the case justify and require it, extend the time hereinbe- 
fore prescribed for the rendition of accounts. Nothing herein contained 
shall, however, be construed to restrain the heads of any of the Depart- 
ments from requiring such other returns or reports from the officer or 



92 

agent, subject to the control of such heads of Department, as the pub- 
lic interest may require. [See § 5491, Embezzlement.] 
Distinct ac- Sec. 3623. All officers, agents, or other persons, receiving public 
counts required. m0De y S 8 h a ii render distinct accounts of the application thereof, ac- 
cording to the appropriation under which the same may have been ad- 
vanced to them. 
Suits to recover Sec. 3624. Whenever any person accountable for public money, neg- 
money from offi- lects or refuses to pay into the Treasury the sum or balance reported to 
cers, regulated. "b e due to the United States, upon the adjustment of his account, the 
First Comptroller of the Treasury shall institute suit for the recovery of 
the same, adding to the sum stated to be due on such account, the com- 
missions of the delinquent, which shall be forfeited in every instance 
where suit is commenced and judgment obtained thereon, and an inter- 
est of six per centum per annum, from the time of receiving the money 
until it shall be repaid into the Treasury. [See Distress-Warrants.] 

Title 70, Chap. 6. Sec. 5488. Every disbursing officer of the United States who deposits 

Disbursing offi- an ^ P u0 ^ c m0l] ey intrusted to him in any place or in any manner, 

cer unlawfully de- except as authorized by law, or converts to his own use in any way 

positing, convert- whatever, or loans with or without interest, or for any purpose not pre- 

ing, loaning, or scribed by law withdraws from the Treasurer or any assistant treasurer, 

lixfrnonev 118 PUb or any authorized" depository, or for any purpose not prescribed by law, 

transfers or applies any portion of the public money intrusted to him, is, 

in every such act, deemed guilty of an embezzlement of the money 

so deposited, converted, loaned, withdrawn, transferred, or applied ; 

and shall be punished by imprisonment with hard labor for a term not 

less than one year nor more than ten years, or by a fine of not more than 

the amount embezzled or less than one thousand dollars, or by both 

such fine and imprisonment. [See 5497, under Embezzlement ; see also 

under heads of Accounts, Checks, Distress-Warrants, and Pay 

Corps.] 

DISMISSAL OF OFFICEES. 

Sec. 



Sec. 

1441. Officers dismissed or resigning to escape dis 

missal. 
1624. Dismissal of officers. 



Officers dismissed by President may de- 
maud trial. 
Act amending article 37. 



Title 15, Chap. 2. Sec. 1441. No officer of the Navy who has been dismissed by the sen- 
Officers ^T^7tence of a court-martial, or suffered to resign in order to escape such 
missed, or resign- dismissal, shall ever again become an officer of the Navy.* 

dismissal. escape Sec. 1624, Art. 36. No officer shall be dismissed from the naval service 
Title 15, Chap. 10. except by the order of the President or by sentence of a general court- 
-— — ; — • martial ; and in time of peace no officer shall be dismissed except in 

cers SmiSS P ur8uaDce °^ ^ ue 8en tence of a general court-martial or in mitigation 

thereof. 
Officerdismissed Art. 37. When any officer, dismissed by order of the President since 
by the Pre si- 3 C | March, 1865, makes, in writing, an application for trial, setting forth, 
dent may demand under oath that he hag ^ e&n wroU gf ully dismissed, the President shall, 
as soon as the necessities of the service may permit, convene a court- 
martial to try such officer on the charges on which he shall have been 
dismissed. And if such court-martial shall not be convened within six 
months from the presentation of such application for trial, or if such 
court, being convened, shall not award dismissal or death as the punish- 
ment of such officer, the order of dismissal by the President shall be 
void. [See act of June 22, 1874, infra.'] 

An act for the better government of the Navy of the United States. 
June 22, 1874. Sec. 2. That the accounting officers of the Treasury be, and are 

hereby, prohibited from making any allowance to any officer of the Navy 

who has been, or may hereafter be, dismissed from the service and re- 
stored to the same under the provisions of the twelfth section of the act 
of March third, eighteen hundred and sixty -five, entitled "An act to 
amend the several acts heretofore passed to provide for the enrolling 
and calling out the national forces, aud for otber purposes,"' to exceed 
more than pay as -on leave for six months from the date of dismissal, 
unless it shall appear that the officer demanded in writing, addressed 
to the Secretary of the Navy, and continued to demand as often as once 
in six months, a trial as provided for in said act. 
Approved, June 22, 1874. 

* Act of July 16, 1862 ; 12 Stat., p. 585. 



93 



DISTRESS- WARRANTS. 

See also Embezzlement. 



Sec 

3625. Distress-warrant. 

3626. Contents of warrant. 

3627. Execution against officer. 
362?. Execution against surety. 

3629. Levy to be a lien. 

3630. Sale of lands. &c, on execution. 

3631. Conveyance of lauds sold. 

3632. Disposal of surplus. 

3633. Penalty on disbursing officer failin< 

count. 



Sec. ! 

3634. Extent of application of provisions relating 

to distress-warrants. 

3635. Postponement of proceedings for non-ac- 

counting, when allowed. 

3636. Injunction to stay distress-warrant. 

3637. Proceedings on distress-warrant in circuit- 

court. 

3638. Eights of United States reserved. 



Title 40. 



Sec. 3625. Whenever any collector of the revenue, receiver of public 
money, of other officer who has received the public money before it is ~~~ 
paid into the Treasury of the United States, fails to render his account, ran Y ss " war " 
or pay over the same in the manner or within the time required by law, 
it shall be the duty of the First Comptroller of the Treasury to cause 
to be stated the account of such officer, exhibiting truly the amouut due 
to the United States, and to certify the same to the Solicitor of the Treas- 
ury, who shall issue a warrant of distress against the delinquent officer 
and his sureties, directed to the marshal of the district in which such 
officer and his sureties reside. Where the officer and his sureties reside 
in different districts, or where they, or either of them, reside in a district 
other thau that in which the estate of either may be, which it is intended 
to take and sell, then such warrant shall be directed to the marshals of 
such districts, respectively. 

Sec. 3626. The warrant of distress shall specify the amount with Contents of war- 
whicb such delinquent is chargeable, and the sums, if any, which have rant, 
been paid. 

Sec. 3627. The marshal authorized to execute any warrant of distress E . x ? c 3 ti ° n 
shall, by himself or by his deputy, proceed to levy and collect the sum 
remaining due, by distress and sale of the goods and chattels of such 
delinquent officer ; having given ten days' previous notice of such in- 
tended sale, by affixing an advertisement of the articles to be sold at 
two or more public places in the town and county where the goods or 
chattels were taken, or in the town or county where the owner of such 
goods or chattels may reside. If the goods and chattels be not sufficient 
to satisfy the warrant, the same may be levied upon the person of such 
officer, who may be committed to prison, there to remain until dis- 
charged by due course of law. 

Sec. 3628. If the delinquent officer absconds, or if goods and chattels Execution 
belonging to him cannot be found sufficient to satisfy the warrant, the a S ainst surety. 
marshal or his deputy shall proceed, notwithstanding the commitment 
of the delinquent officer, to levy and collect the sum which remains due 
by such delinquent, by the distress and sale of the goods and chattels of 
his sureties ; having given ten days' previous notice of such intended 
sale, by affixing an advertisement of the articles to be sold at two or more 
public places in the town or county where the goods or chattels were 
taken, or in the town or county where the owner resides. 

Sec. 3629. The amount due by any delinquent officer is declared to be Levy to be a 
a lien upon the lands, tenements, and hereditaments of such officer and uen « 
his sureties, from the date of a levy in pursuance of the warrant of dis- 
tress issued against him or them, and a record thereof made in the office 
of the clerk of the district court of the proper district, until the same 
is discharged according to law. 

8«C. 3630. For want of goods and chattels of a delinquent officer, or Sale of lands 
his sureties, sufficient to satisfy any warrant of distress issued pursuant regulated, 
to the foregoing provisions, the lands, tenements, and hereditaments of 
such officer and his sureties, or so much thereof as may be necessary for 
that purpose, af er being advertised for at least three weeks in not less 
than three public places in the county or district where such real estate 
is situate before the time of sale, shall be sold by the marshal of such 
district or his deputy. 

Bkc. o'iol. For all lands, tenements, or hereditaments sold in pursu- Conveyance 
ance of the preceding section, the conveyance of the marshal or his dep- of lands, 
uty, executed in due form of law, shall give a, valid title against all per- 
Bons claiming under such delinquent officer or his sureties. 

3632. All moneys which may remain of the proceeds of sales, Disposal of sur- 
af'ter satisfying the warrant of distress, and paying the reasonable costs P lus - 
and charges of the sale, shall be returned to such delinquent officer or 
surety, as the case may be. 



94 

Failure of dis- Sec. 15633. Whenever any officer employed in the civil, military, or 
bursing officer to nava i service of the Government, to disburse the public money appro- 
na y- printed for those branches of the public service, respectively, fails to 
render his accounts, or to pay over, in the manner and in the times 
required by law, or by the regulations of the Department to which he 
is accountable, any sum of money remaining in his hands, it shall be 
the duty of the First or Second Comptroller of the Treasury, as the 
case may be, who shall be charged with the revision of the accounts of 
such officer, to cause to be stated and certified the account of such 
delinquent officer to the Solicitor of the Treasury, who is hereby author- 
ized and required immediately to proceed against such delinquent officer, 
in the manner directed in the six preceding sections. 
Extent of ap- Sec. 3(134. All the provisions relating to the issuing of a warrant of 
plication of pro- (ji s t ress against a delinquent officer shall extend to every officer of the 
tress-warrants. Government charged with the disbursement of the public money, and 
to their sureties, in the same manner and to the same extent as if they 
were herein described and enumerated. 
Postponement g E c. 3635. With the approval of the Secretary of the Treasury, the 
no P n°accoun1;in^ rillstiti:itio11 of proceedings by a warrant of distress may be postponed, 
allo-wed. ' f° T a reasonable time, in cases where, in his opinion, the public interest 

will sustain no injury by such postponement. 
Injunction to Sec. 3636. Any persou who considers himself aggrieved by any war- 
stay distress-war- rant of distress issued under the foregoing provisions may prefer a bill 
raDt- ' of complaint to any district judge of the United States, setting forth 

therein the nature and extent of the injury of which he complains; and 
thereupon the judge may grant an injunction to stay proceedings on 
such warrant altogether, or for so much thereof as the nature of the 
case requires. But no injunction shall issue till the party applying for 
it gives bond, with sufficient security, in a sum to be prescribed by the 
judge, for the performance of such judgment as may be awarded against 
him ; nor shall the issuing of such injunction in auv manner impair the 
lien produced by the issuing of the warrant. And the same proceed- 
ings shall be had on such injunction as in other cases, except that no 
answer shall be necessary on the part of the United States ; and if, 
upon dissolving the injunction, it appears to the satisfaction of the 
judge that the application for the injunction was merely for delay, the 
judge may add to the lawful interest assessed on all sums found due 
against the complainant such damages as, with such lawful interest, 
shall not exceed the rate of ten per centum a year. Such injunction 
may be granted or dissolved by the district judge either in or out of 
court. 
Proceedings on Sec. 3637. When the district judge refuses to grant an injunction to 
distress in cir- stay proceedings on a distress-warrant, as aforesaid, or dissolves such 
cuit court. injunction afterit is granted, any person who considers himself aggrieved 

by the decision in the premises, may lay before the circuit justice, or 
circuit judge of the circuit within which such district lies, a copy of 
the proceedings had before the district judge; and thereupon the circuit 
justice or circuit judge may grant an injunction, or permit an appeal, 
as the case may be, if, in his opinion, the equity of the case requires it. 
The same proceedings, subject to the same conditions, shall be had upon 
such injunction in the circuit court as are prescribed in the district 
court. 
Eights of United Sec. 3638. Nothing contained in the provisions of this Title relating 
States reserved, to distress-warrants shall be construed to take away or impair any right 
or remedy which the United States might have, by law, for the recovery 
of taxes, debts, or demands. 

DRAFTS. 

See Checks. 

ELECTIVE FRANCHISE. 

Sec. I Sec. 

1860. Voting and holding office in Territories by | 5507. Intimidating voters by bribery or threats. 

persons in Navy. j 5508. Conspiracy to injure or intimidate citizens 

2002. Biinging aimed iroops to places of election. in the exercise of civil rights. 

2003. Interference with ireedom of election byf 5509. Other crimes committed -while violating the 

officers of Army or Navy. preceding sections. 

2004. Eace, color, or previous condition not to affect J 5510. Depriving citizens of civil rights under color 

the right to vote. of State laws. 

5506. Preventing, &c, citizens from voting. i 5528. Unlawful presence of troops at elections. 



95 



Sec. Sec. 

5529. Intimidation of voters by officers, <fcc, of 5531. Officers, &c, of Army or Navy interfering 

Army or Xavy. with officers of election, &c. 

5530. Officers of Army or Navy prescribing quali- 5532. Disqualification for holding office. 

flcations of voters. 

Sec. 1860. * * * Third. No officer, soldier, seaman, mariner, or Title 23, Chap. 1. 
other person in the Army or Navy, or attached to troops in the service 
of the United States, shall be allowed to vote in auy Territory, by rea- 
son of being on service therein, unless such Territory is, and has been 
for the period of six months, his permaueut domicile. 

Fourth. No person belonging to the Army or Navy shall be elected to 
or hold any civil office or appointment in any Territory. 

Title 26. 



Sec. 2002. No military or naval officer, or other person engaged in 
the civil, military, or naval service of the United States, shall order, Bringing armed 
bring, keep, or have under his authority or control, any troops or armed troops to places 
men at the place where any general or special election is held in any of election. 
State, unless it be necessary to repel the armed enemies of the United 
States, or to keep the peace at the polls. [See §§ 5528, 5529, 5532.] 

Sec. 2003. No officer of the Army or Navy of the United States shall Interference 
prescribe or fix, or attempt to prescribe or fix, by proclamation, order, ^j^. freedom <jf 
or otherwise, the qualifications of voters in any State, or in auy manner ^ers of Armv°or 
interfere with the freedom of auy election in any State, or with the ex- Navy, 
ercise of the free right of suffrage in any State. [See §§ 5530-5532.] 

Sec. 2004. All citizens of the United States who are otherwise quali- Race, color, or 
fied by law to vote at any election by the people in any State, Territory, j^?^ 1 °^f +o 01 f 
district, county, city, parish, township, school district, municipality, or feclTthe^ight^o 
other territorial subdivision, shall be entitled and allowed to vote at all vote. 
such elections, without distinction of race, color, or previous condition 
of servitude ; auy constitution, law, custom, usage, or regulation of auy 
State or Territory, or by or under its authority, to the contrary notwith- 
standing. 

Sec. 5506. Every person who, by any unlawful means, hinders, delays, Title 70, Chap. 7. 
prevents, or obstructs, or combines and confederates with others to bin- Preventing &c, 
der, delay, prevent, or obstruct, any citizen from doing any act required citizens from vot- 
to be done to qualify him to vote, or from voting at any election in any in- 
state, Territory, district, county, city, parish, township, school-district, 
municipality, or other territorial subdivision, shall be fined not less than 
five hundred dollars, or be imprisoned not less than one month nor 
more than one vear, or be punished by both such fine and imprison- 
ment. [See ft 2004.] 

Sec. 5507. Every person who prevents, hinders, controls, or intimi- Intimidating 
dates another from exercisiug, or in exercising the right of suffrage, to voters by bribery 
whom that right is guaranteed by the fifteenth amendment to Ihe Con- or threat8 - 
stitution of the United States, by means of bribery or threats of depriv- 
ing such person of employment or occupation, or of ejecting such person 
from a rented house, lands, or other property, or by threats of refusing 
to renew leases or contracts for labor, or by threats of violence to him- 
self or family, shall be punished as provided in the preceding section. 

Sec. 5508. If two or more persons conspire to injure, oppress, threaten, , Conspiracy to 
or intimidate any citizen in the free exercise or enjoyment of any right u1 J ure °r mtimi- 
or privilege secured to him by the Constitution or laws of the United t ^ e exercise of 
States, or because of his having so exercised the same ; or if two or more civil rights. 
persons go in disguise on the highway, or on the premises of another, 
with intent to prevent or hinder his free exercise or enjoyment of any 
right or privilege so secured, tbey shall be fined not more than five 
thousand dollars and imprisoned not more than ten years ; and shall, 
moreover, be thereafter ineligible to any office, or place of honor, profit, 
or trust created by the Constitution or laws of the United States. [See 
§ 5407, Insurrection.] 

Sec. 5509. If in the act of violating any provision in either of the two Other crim es 
preceding sections any other felony or misdemeanor be committed, the committed while 
offender shall be punished for the same with such punishment as is at- cedi^e^ctions. 6 ' 
tached to such felony or misdemeanor by the laws of the State in which 
the offense is committed. 

5510. Every person who, under color of any law, statute, ordi- Depriving citi- 
nance. regulation, or custom, subjects, or Causes to be subjected, any zens of civil rights 

itory to the deprivation of any rights ,£"??)' JL°* 



inhabitant of any State or Territory 

privileges, or immunities, secured or protected by the Constitution and 



State laws. 



96 



laws of the United States, or to different punishments, pains, or penal- 
ties, on account of such inhabitant being an alien, or by reason of his 
color or race, than are prescribed for the punishment of citizens, shall 
be punished by a fine of not more than one thousand dollars, or by im- 
prisonment not more than one year, or by both. [See § 1979, Civil 
Rights. ] 
Ibid., s. 2. Sec. 5528. Every officer of the Army or Navy, or other person in the 

Unlawful pres- civil, military, or naval service of the United States, who orders, brings, 
ence of troops at keeps, or has under his authority or control, any troops or armed men 
e ections. at an y pj ace w h ere a general or special election is held in any State, 

unless such force be necessary to repel armed enemies of the United 
States or to keep the peace at the polls, shall be fined not more than 
five thousand dollars, and suffer imprisonment at hard labor not less 
than three months nor more than five years. [See § 2002.] 
Intimidation of Sec. 5529. Every officer or other person in the military or naval 
voters by officers, service who, by force, threat, intimidation, order, advice, or otherwise, 
Navv° rmy ° r P revents > or attempts to prevent, any qualified voter of any State from 
freely exercising the right of suffrage at any general or special election 
in such State, shall be fined not more than five thousand dollars, and 
imprisoned at hard labor not more than five years. [See § 2003.] 
Officers of Army Sec. 5530. Every officer of the Army or Navy who prescribes or fixes, 
orNavyprescrib- or attempts to prescribe or fix, whether by proclamation, order, or 
ing qualifications otherwise, the qualifications of voters at any electiou in any State, 
o voters. shall be punished as provided in the preceding section. [See § 2003.] 

Officers, &c, of Sec. 5531. Every officer or other person in the military or naval 
Army or Navy in- service who, by force, threat, intimidation, order, or otherwise, compels, 
terfering with or attempts to compel, any officer holding an election in any State to 
o^cero e ection, rece j ve a vo ^ e f rom a person not legally qualified to vote, or who im- 
poses, or attempts to impose, any regulations for conducting any general 
or special election in a State different from those prescribed by law, or 
who interferes in any manner with any officer of an election in the dis- 
charge of his duty, shall be punished as provided in section fifty-five 
hundred and twenty-nine. 
Pv,l?^ 1 i fi ^ffi t !2 n ^ec. 5532. Every person convicted of any of the offenses specified in 
the five preceding sections, shall, in addition to the punishments therein 
severally prescribed, be disqualified from holding any office of honor, 
profit, or trust under the United States; but nothing in those sections 
shall be construed to prevent any officer, soldier, sailor, or marine from 
exercising the right of suffrage in any election district to which he 
may belong, if otherwise qualified according to the laws of the State 
in which he offers to vote. 



or holding office. 



EMBEZZLEMENT. 

See also Accounts and Disbursing Officers. 



Sec. 

3639. Duties of custodian of public money. 

5488. Unlawfully depositing, loaning, &c", public 

moneys.' 

5489. Failure of Treasurer, &c, to safely keep 

public money. 

5490. Custodian oi public money failing to safely 

keep, without loaning, &c. 

5491. Failure of officers to render accounts, &c. 



Sec. 

5492. Failure to deposit as required. 

5493. Provisions of tbe five preceding sections, 
how applied. 

5494. Record evidence of embezzlement. 

5495. Prima-facie evidence. 

5496. Evidence of conversion. 

5497. Unlawfully receiving, &c, to be embezzle- 
ment. 

Title 40. Sec. 3639. The Treasurer of the United States, all assistant treasurers, 

Duties of offi- an ^ those performing the duties of assistant treasurer, all collectors of 
cers as custodi- the customs, all surveyors of the customs, acting also as collectors, all 
ans of pub lie receivers of public moneys at the several land-offices, all postmasters, 
moneys. an( j a ji p U kij c officers of whatsoever character, are required to keep 

safely, without loaning, using, depositing in banks, or exchanging for 
other funds than as specially allowed by law, all the public money col- 
lected by them, or otherwise at any time placed in their possession and 
custody, till the same is ordered, by the proper Department or officer of 
the Government, to be transferred or paid out ; and when such orders 
for transfer or payment are received, faithfully and promptly to make 
the same as directed, and to do and perform all other duties as fiscal 
agents of the Government which may be imposed by any law, or by any 
regulation of the Treasury Department made in conformity to law. 
The President is authorized, if in his opinion the interest of the United 
States requires the same, to regulate and increase the sums for which 
bonds are, or may be, required by law, of all district attorneys, collec- 



97 

tors of customs, naval officers, aud surveyors of customs, navy agents, 
receivers and registers of public lauds, paymasters in the Army, com- 
missary-general, aud by all other officers employed in the disbursement 
of the public moneys, under the direction of the War or Navy Depart- 
ments. [See Q§ 5489-5497.] 

Sec. 5488. Every disbursing officer of the United States who deposits xitle 70, Chap. 6. 

any public money intrusted to bim iu any place or in any manner, ex- ; ; 7 

cept as authorized by law, or converts to his own use in any way what- Disbursing ofli- 
ever, or loans with or without interest, or for any purpose not prescribed dep^siTing^ conc- 
hy law withdraws from the Treasurer or any assistant treasurer, or any verting, loaning, 
authorized depository, or for any purpose not prescribed by law transfers ° r transferring 
or applies any portion of the public money intrusted to him, is in every P ul,Uc money, 
such act deemed guilty of an embezzlement of the money so deposited, 
converted, loaned, withdrawn, transferred or applied ; and shall be pun- 
ished by imprisonment with hard labor, for a term not less than one 
year nor more than ten years, or by a fine of not more than the amount 
embezzled or less than one thousand dollars, or by both such fine and 
imprisonment. 

Sec. 54S9. If the Treasurer of the United States, or any assistant Failure of 
treasurer, or any public depositary, fails safely to keep all moneys de- Treasurer, &c, to 
posited by auy disbursing officer "or disbursing agent, as well as all safely keep pub- 
moneys deposited by any receiver, collector, or other person having moneys, 
moneys of the United States, be shall be deemed guilty of embezzlement 
of the moneys not so safely kept, and shall be imprisoned not less than 
six months nor more than ten years, and fined in the sum equal to the 
amount of money so embezzled. [See Q 3639.] 

Sec. 5490. Every officer or other person charged by any act of Con- Custodians of 
gress with the safe-keeping of the public moneys, who fails to safely }mbl i c money 
keep the same, without loaning, using, converting to bis own use, de- keep^w H h o u^t 
positing in bauks, or exchanging for other funds thau as specially loaning, &c. 
allowed by law, shall be guilty of embezzlement of the money so loaned, 
used, converted, deposited, or exchanged ; and shall be imprisoned not 
less than six mouths nor more than ten years, and fined in a sum equal 
to the amount of money so embezzled. [See 4 3639.] 

Sec. 5491. Every officer or agent of the United States who, having Failure of offi- 
received public money which he is not authorized to retain as salary, certo render ac- 
pay, or emolument, fails to render bis accounts for the same as provided coants > &c - 
by law, shall be deemed guilty of embezzlement, and shall be fined in a 
sum equal to the amount of the money embezzled, and shall be impris- 
oned not less than six months or more than ten years. [See o§ 3622, 
3633, under Disbursing Officers.] 

Sec. 5492. Every pjerson who, having moneys of the United States in Failure to de- 
his hands or possession, fails to make deposit of the same with the P 0:iit as required. 
Treasurer, or some assistant treasurer, or some public depositary of the 
United States, when required so to do by the Secretary of the Treasury, 
or the head of any other proper Department, or by the accounting offi- 
cers of the Treasury, shall be deemed guilty of embezzlement thereof, 
and shall be imprisoned not less than six months nor more than ten 
years, and fiued in a sum equal to the amount of money embezzled. 

Skc 5493. The provisions of the five preceding sections shall be con- Provisions of 
strued to apply to all persons charged with the safe-keeping, transfer, the five preced- 
or disbursement of the public money, whether such persons be indicted in « s . ections > no,?T 
as receivers or depositaries of the same. api> e ' 

5494. Upon the trial of any indictment against any person for Record evi- 
embezzling public money under the provisions of the six preceding sec- aeuce of embez- 
tioos. it shall be sufficient evidence, for the purpose of showing a balance zIement - 
against such person, to produce a transcript from the books and pro- 
ceedings of the Treasury, as required in civil cases, under the provisions 
for the settlement of accounts between the United States and receivers 
of public money. [See $$ 3025, 3633, under Distress- Warrants.] 

Bec. 5495. The refusal of auy person, whether in or out of office, Prima-facie evi- 
charged with the safe-keeping, transfer, or disbursement of the public denco. 
money, to pay any draft, order, or warrant, drawn upon him by the 
proper accounting officer of the Treasury, for any public money in his 
Lands belonging to the United States, no matter in what capacity the 
same may have been received, or may be held, or to transfer or disburse 
any such money promptly, upon the legal requirement of an}* authorized 
officer, shall be deemed, upon the trial of any indictment against such 
person for embezzlement, as prima-facie evidence of such embezzlement. 

. 549G. If any officer charged with the disbursement of the public Eviden c f 
moneys, accepts, receives, or transmits to the Treasury Department to C oiiver»ioii. * ° 
7 N L 



98 
« 

be allowed in his favor, any receipt or voucher from a creditor of the 
United States, without having paid to such creditor in such funds as 
the officer received for disbursement, or in such funds as he may be 
authorized by law to take in exchange, the full amount specified in 
such receipt or voucher, every such act is an act of conversiou, by such 
officer, to his own use, of the amount specified in such receipt or 
voucher. [See $ 3652, under Checks.] 
Unlawfully re- Sec. 5497. Every banker, broker, or other person not an authorized 
ceiying,&c.,tobe depositary of public moneys, who knowingly receives from any disburs- 
embezzlement. ing ffi cer? or collector of internal revenue, or other agent of the United 
States, any public money on deposit, or by way of loan or accommoda- 
tion, with or without interest, or otherwise than in payment of a debt 
against the United States, or who uses, transfers, converts, appropriates^ 
or applies any portion of the public money for any purpose not pre- 
scribed by law, and every president, cashier, teller, director, or other 
officer of any bank or banking association, who violates any of the pro- 
visions of this section, is guilty of an act of embezzlement of the public 
money so deposited , loaned, transferred, used, converted, appropriated, 
or applied, and shall be punished as prescribed in section fifty-four 
hundred and eighty-eight. [See § 3639.] 

ENGINEER CORPS. 



Sec. 

1390. Engineer Corps, number and rank. 

1391. Appointment of. 

1392. Qualifications of. 

1393. Engineer of tbe fleet. 



Sec. 

1476. Rank. 

1484. Engineer officers graduated at tbe Academy, 

1556. Pay. 



Title 15, Chap. 1. Sec. 1390. The active list of the Engineer Corps of the Navy shall con- 
"^ . n orT j S , sist of seventy chief engineers, who shall be divided into three grades, by 



number 
rank. 



and relative rank, as provided in Chapter Four of this Title; [See § 1476.] 
Ten chief engineers ; 
Fifteen chief engineers ; and 

Forty-five chief engineers, who shall have the relative rank of lieuten- 
ant-commander or lieutenant. 

And each and all of the above-named officers of the Engineer Corps 
shall have the pay of chief engineers of the Navy, as now provided. 

One hundred* first assistant engineers, who shall have the relative 
rank of lieutenant or master; and 

One hundred* second assistant engineers, who shall have the relative 

rank of master or ensign ; and the said assistant engineers shall have the 

pay of first and second assistant engineers of the Navy, respectively, as 

now provided. 

Appoint m e n t Sec. 1391. Engineers shall be appointed by the President, by and with 

°f- the advice and consent of the Senate. 

Qualifications Sec. 1392. No person under nineteen or over twenty-six years of age 
of. shall be appointed a second assistant engineer in the Navy ; nor shall 

any person be appointed or promoted in the Engineer Corps until after 
he has been found qualified by a board of competent engineers and med- 
ical officers designated by the Secretary of the Navy, and has complied 
with existing regulations. 
Engineerof tbe Sec. 1393. The President may designate among the chief engineers in 
fleet - the service, and appoint to every fleet or squadron, an engineer, who 

shall be denominated '•' engineer of the fleet." 
Title 15, Cliap. 4. Sec. 1476. Officers of the Engineer Corps on the active list shall have 
relative rank as follows : 

Of the chief engineers, ten shall have the relative rank of captain, 
fifteen that of commander, and forty-five that of lieutenant-commander 
or lieutenant. 

First assistant engineers shall have the relative rank of lieutenant or 
master, and second assistant engineers that of master or ensign. 

Sec. 1484. Engineer officers graduated at the Naval Academy shall 
take precedence with alL other officers with whom they have relative 
rank, according to the actual length of service in the Navy. [See $ 
1394, Engineer-Cadet.] 

* That from and after the passage of this act tbe title of first assistant engineer 
shall be changed to passed assistant engineer, and that the title of second assistant 
engineer shall be changed to assistant engineer : Provided, That the regulations of 
the Navy Department in relation to the examinations and amount of sea-service pre- 
vious to each examinations be complied with. 

Approved February 24, 1874. 



Rank. 



99 

Sec. 1556. * * * Fleet engineers, four thousand four hundred dollars.* Title 15. Chap. 8. 

"* * • * Chief engineers, who have the same rauk with paymasters, ~^ 7T t — 
during the first five years after date of commission, when at sea, two o-infers. ° e Gn * 
thousand eight hundred dollars ; on shore duty, two thousand four Chief engineers, 
hundred dollars; on leave or waiting orders, two thousand dollars; 
during the second five years after such date, when at sea, three thousand 
two hundred dollars ; on shore duty, two thousand eight hundred dol- 
lars ; on leave or waiting orders, two thousaud four hundred dollars ; 
during the third five years after such date, when at sea, three thousaud 
five hundred dollars ; on shore duty, three thousaud two hundred dol- 
lars ; on leave or waiting orders, two thousand six hundred dollars ; 
during the fourth five years after such date, when at sea, three thousand 
seven hundred dollars ; on shore duty, three thousand six hundred dol- 
lars ; on leave or waiting orders, two thousand eight hundred dollars; 
after twenty years from such date, when at sea, four thousand two hun- 
dred dollars ; on shore duty, four thousand dollars ; on leave or waiting 
orders, three thousand dollars. 

First assistant engineers, during the first five years after date of ap- First assistant 
poiutment, when at sea, two thousaud dollars; on shore duty, one thou- engineers, 
sand eight hundred dollars; on leave or waiting orders, one thousand 
five hundred dollars; after five years from such date, when at sea, two 
thousand two hundred dollars ; on shore duty, two thousand dollars ; 
on leave or waiting orders, one thousand seven hundred dollars. 

Second assistant engineers, during the first five years after date of ap- Second e n gi - 
poiutment, when at sea, one thousand seven hundred dollars; on shore neei ' 8 - 
duty, one thousand four hundred dollars ; on leave or waiting orders, 
one thousand dollars ; after five years from such date, when at sea, one 
thousand nine hundred dollars ; on shore duty, one thousand six hundred 
dollars ; on leave or waiting orders, one thousand two hundred dollars. 

ENGINEEKS— CADET. 



Sec. 

1394. Appointment as second assistant engineers. 
1405. Appointment as assistant naval constructors. 
1522. Class of, at Academy. 



Sec. 

1523. Number and appointment. 

1524. Academic course. 
1556. Pay. 



Sec. 1394. Cadet engineers who are graduated with credit in the Title 15, Chap. 1. 
scientific and mechanical class of the Naval Academy may, upon the Cadet engi- 
recommendation of the academic hoard, he appointed by the President neers, gr a d u a C 
and confirmed by the Senate as second assistant engineers. [See $ ing. 
1484, Engineer Corps.] 

Sec. 1403. Cadet engineers" who are graduated with credit in the Appointment 
scientific and mechanical class of the Naval Academy may, upon the as assistant naval 
recommendation of the academic board, be immediately appointed as constructors, 
assistant naval constructors. 

Sec. 15*22. The Secretary of the Navy is authorized to make provis- Title 15, Chap. 5. 

ion, by regulations issued by him, for educating at the Naval Academy, — 

as naval constructors or steam engineers, such midshipmen and others e n i^n e°e r s^a t 
as may show a peculiar aptitude therefor. He may, for this purpose, Academy. 
form a separate class at the Academy, to be styled ca.det engineers, or 
otherwise afford to such persons all proper facilities for such a scientific 
mechanical education as will fit them for said professions. 

Sec. 1523. Cadet engineers shall be appointed by the Secretary of Number and 
the Navy. They shall not at any time exceed fiftyt in number, and no appointment of. 
persons, other than midshipmen, shall be eligible for appointment unless 
they shall first produce satisfactory evidence of mechanical skill and 
proficiency, and shall have passed an examination as to their mental 
and physical qualifications. 

Sec. 1524. The course for cadet engineers shall be four years, includ- Academic 
ing two years of service on naval steamers, t course of. 

*Chief engineers having the same rank as medical and pay directors and inspectors 
aball, •when at sea, have the same pay. 

Approved Alarch 3. 1673. 

tCadet-enjrineers shall hereafter be appointed annually by the Secretary of the 
Navy, and the number appointed each year shall not exceed twenty-five ; and that 
all acts or parts of acts inconsistent with the provisions of this act be, and the same 
are hereby, repealed. 

Approved, June ^2, 1674. 

! SEC. 2 That from and after the thirtieth day of June, eighteen hundred and aev- 
enty-f'jur, the course of instruction at the Naval Academy for cadet-engineers shall 
be Knur years, instead of two as now provided by law ; and this provision shall first 
apply to the class of cadet-engineers entering the academy in the year eighteen bun- 
dled and seventy-four, and to all subsequent classes ; and that all acts or parts of acts 
inconsistent herewith be, and are hereby, repealed. 

Approved, February 24, 1874. 



J 00 

Examinations Sec. 1525. Cadet engineers shall be examined from time to time, 
of - according to regulations prescribed by the Secretary of the Navy, and 

if found "deficient at any examination, or if dismissed for misconduct, 
they shall not be continued in the Academy or in the service except 
upon the recommendation of the academic board. 
Title 15, Chap. 8. Sec. 155G. Cadet engineers: before final academic examination, five 
p hundred dollars ; after final academic examination, and until warranted 

as assistant engineers, when on duty at sea, one thousand dollars; on 
shore duty, eight hundred dollars ; on leave, or waiting orders, six hun- 
dred dollars. 

ENLISTMENT. 
See Seamen of the Navy. 

ENSIGNS. 

See Line Officers. 

ESTIMATES. 

See Appropriations. 

EVIDENCE. 

See also Witnesses. 



Sec. 

887. Transcripts in indictments for embezzle- 
ment. 

838. Copies of returns in returns-office. 

896. Copies of consular records. 

P08. Little & Brown's edition of statutes. 
1778. Oatbs, acknowledgments. 



Sec. 

860. Pleadings, disclosures, &c, not to be used in 
criminal proceedings. 

882. Copies of Department records and papers. 

883. Transcripts from books of tbe Treasury in 

suits against delinquents. 
886. Copies of records, &c, in office of Solicitor of 
Treasury. 

Title 13, Chap. 17. Sec. 860. No pleading of a party, nor any discovery or evidence ob- 
Pleadino-s dis- Gained from a party or witness by means of a judicial proceeding in this 
closures, &c'., not or any foreign country, shall be given iu evidence, or in any manner used 
to be 'used in against him or his property or estate, iu any court of the United States, 
criminal proceed- j n any criminal proceeding, or for the enforcement of any penalty or for- 
ings * feiture : Provided, That this section shall not exempt any party or wit- 

ness from prosecution and punishment for perjury committed in discov- 
ering or testifying as aforesaid. 
Copies of De- Sec. 882. Copies of any books, records, papers, or documents in any 
partment records f ^j ie Executive Departments, authenticated under the seals of such 
papers. Departments, respectively, shall be admitted in evidence equally with 

the originals thereof. 
Copies of re- Sec. 883. Copies of any documents records, books, or papers in the 
fi° rd of S & r'it n ° f f on ^ ce °f the Solicitor of the Treasury, certified by him under the seal of 
tbe Treasury. 1 " ° his office, or, when his office is vacant, by the officer acting as Solicitor 
for the time, shall be evidence equally with the originals. 
Transcripts Sec. 886. When suit is brought iu any case of delinquency of a reve- 
oftbe i Treasury' nue °^ cer ' or other person accountable for public money, a transcript 
in suits against from the books and proceedings of the Treasury Department, certified 
delinquents! by the Register and authenticated under the seal of the Department, or, 
when the suit involves the accounts of the War or Navy Departments, 
certified by the Auditors respectively charged with the examination of 
those accounts, and authenticated under the seal of the Treasury De- 
partment, shall be admitted as evidence, and the court trying the cause 
shall be authorized to grant judgment and award execution accordingly. 
And all copies of bonds, contracts, or other papers relating to, or con- 
nected with, the settlement of any account between the United States 
and an individual, when certified by the Register, or by such Auditor, 
as the case may be, to be true copies of the originals on file, and authen- 
ticated under the seal of the Department, may be annexed to such 
transcripts, and shall have equal validity, and be entitled to the same 
degree of credit which would be due to the original papers if produced 
and authenticated in court : Provided, That where suit is brought upon 
a bond or other sealed instrument, and the defendant pleads " non est 
factum," or makes his motion to the court, verifying such plea or motion 
by his oath, the court may take tbe same into consideration, and, if it 
appears to be necessary for the attainment of justice, may require the 
production of the original bond, contract, or other paper specified in 
such affidavit. 
In indictments Sec. 337, Upon the trial of any indictment against any person for 
ofmSu^monev^* emDezzlin g public moneys, it shall be sufficient evidence, for the pur- 
' pose of showing a balance against such person, to produce a transcript 
from the books and proceedings of the Treasury Department, as provided 
by the preceding section. [See § 5494, Embezzlement.] 



101 

Sec. 838. A copy of any return of a contract returned and filed in the Copies of re- 
returns-office of the Department of the Interior, as provided bylaw, when tl iF n ; s in returu 9- 
certified by the clerk of the said office to be full and complete, and C9 * 
when authenticated by the seal of the Department, shall be evidence 
in any prosecution against any officer for falsely aud corruptly swearing 
to the affidavit required by law to be made by such officer in making his 
return of any contract, as required by law, to said returns-office. [See 
$ 3744, Contracts.] 

Sec. 896. Copies of all official documents and papers in the office of Copies of reo- 
any consul, vice-consul, or commercial agent of the Uuited States, and °7g 8, *£•• Tjn - ted 
of all official entries in the books or records of any such office, certified stages consuls, 
under the hand and seal of such officer, shall be admitted in evidence &c. 
in the courts of the United States. [See $ 1707, Diplomatic and Con- 
sular Officers.] 

Sec. 908. The edition of the laws and treaties of the United States, Little & 
published by Little <fc Brown, shall be competent evidence of the sev- Brown's edition 
eral public and private acts of Congress, and of the several treaties ° 1 \ the statutes 
therein contained, in all the courts of law and equity and of maritime evidence, 

jurisdiction, aud iu all the tribunals and public offices of the United 
States, and of the several States, without any further proof or authenti- 
cation thereof. 

Sec. 3778. In all cases in which, under the laws of the United States, Title 19. 
oaths or acknowledgments may now be taken or made before any jus- Takin°- oaths 
tice of the peace of auy State or Territory, or in the District of Colum- ackno wle d g- 
bia. they may hereafter be also taken or made by or before any notary ments, &c. 
public duly appointed in any State, district, or Territory, or any of the 
commissioners of the circuit courts, and, when certified under the hand 
aud official seal of such notary or commissioner, shall have the same 
force aud effect as if taken or made by or before such justice of the peace. 

EXAMINING BOABD. 

See Promotion, &c. 
EXECUTIVE DEPAKTMENT. 

See Departments— Executive, also Vacancies. 
EXTOKTIOX. 

Sec. Sec. 

5481. Officer guilty of extortion. 5433. Esquiring receipts fur larger sums than paid. 

Sec. 5481. Every officer of the United States who is guilty of extor- Title 70, Chap.6* 
tion under color of his office shall be punished by a fine of not more officer of the 
than five hundred dollars, or by imprisonment not more than one year, United States 
except those officers or agents of the United States otherwise differently guilty of extor- 
and specially provided for in subsequent sections of this chapter. tion - 

Sec. 5433. Every officer charged with the payment of any of the ap- Receipting for 
propriations made by any act of Congress, who pays to any clerk, or larger sums than 
other employe of the United States, a sum less than that provided by aie P aia - 
law, aud requires such employe" to receipt or give a voucher for an 
amount greater than that actually paid to aud received by him, is guilty 
of embezzlement, and shall be fined in double the amount so withheld 
from any employe of the Government, and shall be imprisoned at hard 
labor for the term of two years. 

EXTEADITIOX. 

Sec. 

5270. Fugitives from the justice of a foreign 5277. Penalty for opposing agent, &c. 

country. 5278. Fugitives from justice of a State or Terri- 

5271. Evidence on the hearing. tory. 

5272. Surrender of the fugitive. 5279. Penalty for resisting agent, &c. 

5273. Time allowed lor extradition. 5280. Arrest" of deserting seamen from foreign 
5v:74. Continuance of provisions limited. vessels. 

5275. Protection of the accused. 5409. Allowing prisoners to escape. 

5276. Powers of agent receiving offenders deliv- 5110. Application of preceding section. 

ered by a foreign government. 

Sec. 5270. Wbenever there is a treaty or convention for extradition Title 66. 

between the Government of the United States and any foreign govern- ~Z, 77. ~ 

~ ., a ~ . .. . , * ,. . a . p . , i ugitives from 

ment, any justice of the Supreme Court, circuit judge, district judge, tne justice of a 
commissioner, authorized so to do by any of the courts of the United foreign country. 
States, or judge of a court of record of general jurisdiction of any State, 



102 

may, upon complaint made under oath, charging any person found 
within the limits of any State, district, or Territory, with having com- 
mitted within the jurisdiction of any such foreign government any of 
the crimes provided for by such treaty or convention, issue his warrant 
for the apprehension of the person so charged, that he may be brought 
before such justice, judge, or commissioner, to the end that the evi- 
dence of criminality may be heard and considered. If, on such hearing, 
be deems the evidence sufficient to sustain the charge under the pro- 
visions of the proper treaty or convention, he shall certify the same, 
together with a copy of all the testimony taken before him, to the Sec- 
retary of State, that a warrant may issue upon the requisition of the 
proper authorities of such foreign government, for the surrender of such 
person, according to the stipulations of the treaty or convention ; and 
he shall issue his warrant for the commitment of the person so charged 
to the proper jail, there to remain until such surrender shall be made. 

Evidence on Sec. 5271. In every case of complaint, and of a hearing upon the re- 
the hearing. ^urn f ^ ue warra nt of arrest, copies of the depositions upon which an 
original warrant in any foreign country may have been granted, certi- 
fied, under the hand of the person issuing such warrant, and attested 
upon the oath of the party producing them to be true copies of the 
original depositions, may be received in evidence of the criminality of 
the person so apprehended, if they are authenticated in such manner as 
would entitle them to be received for similar purposes by the tribunals 
of the foreign country from which the accused party escaped. The cer- 
tificate of the principal diplomatic or consular officer of the United 
States resident in such foreign country shall be proof that any paper or 
other document so offered is authenticated in the manner required by 
this section. 

Su r r a- n f <ler ° f Sec. 5272. It shall be lawful for the Secretary of State, under his 

e ugi lve. h an( i anc i sea i f office, to order the person so committed to be delivered 
to such person as shall be authorized, in the name and on behalf of such 
foreign government, to be tried for the crime of which such person shall 
be so accused, and such person shall be delivered up accordingly; and 
it shall be lawful for the person so authorized to hold such person in 
custody, and to take him to the territory of such foreign government, 
pursuant to such treaty. " If the person so accused shall escape out of 
any custody to which he shall be committed, or to which he shall be 
delivered, it shall be lawful to retake such person in the same manner 
as any person accused of any crime against the laws in force in that 
part of the United States to which he shall so escape, may be retaken 
on an escape. [See §§ 5409, 5410.] 

Time allowed Sec. 5273. Whenever any person who is committed under this Title 
for extradition. or an y treaty, to remain until delivered up in pursuance of a requisition, 
is not so delivered up and conveyed out of the United States within 
two calendar mouths after such commitment, over and above the time 
actually required to convey the prisoner from the jail to which he was 
committed, by the readiest way, out of the United States, it shall be 
lawful for any judge of the United States, or of any State, upon appli- 
cation made to him by or on behalf of the person so committed, and 
upon proof made to him that reasonable notice of the intention to make 
such application has been given to the Secretary of State, to order the 
person so committed to be discharged out of custody, unless sufficient 
cause is shown to such judge why such discharge ought not to be 
ordered. 

Continuance of Sec. 5274. The provisions of this Title relating to the surrender of 
provisions lim- persons who have committed crimes in foreign countries shall continue 
lte in force during the existence of any treaty of extradition with any foreign 

government, and no longer. 

Protection of Sec. 5275. Whenever any person is delivered by any foreign govern- 
accused. m ent to an agent of the United States, for the purpose of being brought 
within the United States and tried for any crime of which he is duly 
accused, the President shall have power to take all necessary measures 
for the transportation and safe-keeping of such accused person, and for 
his security against lawless violence, until the final conclusion of his 
trial for the crimes or offenses specified in the warrant of extradition, 
and until his final discharge from custody or imprisonment for or on 
account of such crimes or offenses, and for a reasonable time thereafter, 
and may employ such portion of the land or naval forces of the United 
States, or of the militia thereof, as may be necessary for the safe-keeping 
and protection of the accused. 



103 

Sec. 5276. Any person duly appointed as agent to receive, in behalf Powersof agent 
■of the United States, the delivery, by a foreign government, of any per- rece jy in g ofi [f l i, li ' 
son accused of crime committed within the jurisdiction of the United rforell'n^ovenJ 
States, and to convey him to the place of his trial, shall have all the inent. ° 
powers of a marshal of the United States, in the several districts through 
which it may be necessary for him to pass with such prisoner, so far as 
such power is requisite for the prisoner's safe-keeping. 

Sec. 5277. Every person who knowingly and willfully obstructs, re- Fenalty for op- 
sists, or opposes such agent iu the execution of his duties, or who rescues P osin & agent, &c. 
or attempts to rescue such prisoner, whether in the custody of the agent 
or of any officer or person to whom his custody has lawfully been com- 
mitted, shall be puuishable by a fine of not more than one thousand 
dollars, and by imprisonment for not more than one year. 

Sec. 5278. Whenever the executive authority of any State or Territory . Fugitives from 
•demands any person as a fugitive from justice, of the executive authority ^Territory 51 * 1 ' 
of any State or Territory to which such person has lied, and produces a 
copy of an indictment found or an affidavit made before a magistrate of 
any State or Territory, charging the person demanded with having 
committed treason, felony, or other crime, certified as authentic by the 
governor or chief magistrate of the State or Territory from whence the 
person so charged has fled, it shall be the duty of the executive author- 
ity of the State or Territory to which such person has fled to cause him 
to be arrested and secured, and to cause notice of the arrest to be given 
to the executive authority making such demand, or to the agent of 
such authority appointed to receive the fugitive, and to cause the fugi- 
tive to be delivered to such agent when he shall appear. If no such 
agent appears within six mouths from the time of the arrest, the 
prisoner may be discharged. All costs or expenses iucurred in the 
apprehending, securing, and transmitting such fugitive to the State or 
Territory making such demand, shall be paid by such State or Ter- 
ritory. 

Sec. 5279. Auy agent so appointed who receives the fugitive into his .Penalty for re- 
custody, shall be empowered to transport him to the State or Territory SiStingagenfc ' &c * 
from which he has fled. And every person who, by force, sets at liberty 
or rescues the fugitive from such agent while so transporting him, shall 
be fiued not more than five hundred dollars or imprisoned not more 
than one year. [See $ 5409.] 

Sec. 5280. On application of a consul or vice-consul of any foreign Arrest of de- 
government having a treaty with the United States stipulating for the f^^^Vn^es" 
restoration of seamen deserting, made in writing, stating that the per- se i 3 ° 

son therein named has deserted from a vessel of any such government, 
while in any port of the Uuited States, and on proof by the exhibition 
of the register of the vessel, ship's roll, or other official document, that 
the person named belonged, at the time of desertion, to the crew of such 
vessel, it shall be the duty of any court, judge, commissioner of any cir- 
cuit court, justice, or other magistrate, having competeut power, to issue 
warrants to cause such person to be arrested for examination. If, on 
examination, the facts stated are found to be true, the person arrested 
not being a citizen of the United States, shall be delivered up to the 
consul or vice-consul, to be sent back to the dominions of any such gov- 
ernment, or, on the request and at the expense of the consul or vice- 
consul, shall be detained until the consul or vice-consul finds an oppor- 
tunity to send him back to the dominions of any such government. No 
person so arrested shall be detained more than two months after his 
arrest ; but at the end of that time shall be set at liberty, and shall not 
be again molested for the same cause. If any such deserter shall be 
found to have committed auy crime or offense, his surrender may be 
delayed until the tribunal before which the case shall be depending, or 
may be cognizable, shall have pronounced its sentence, and such sen- 
tence shall have been carried into effect. 

Sec. 5409. Whenever any marshal, deputy marshal, ministerial officer, Title 70, Chap. 4. 
or other person, has in his custody any prisoner by virtue of process 



issued under the laws of the United States by any court judge, or com- Allowing pris- 
missioner, and such marshal, deputy marshal, ministerial officer, or other oner8 t0 e8ca P e - 
person, voluntarily suffers such prisoner to escape, he shall be fined not 
more than two thousand dollars, or imprisoned for a term not more than 
two years, or both. 



104 

Application of Sec. 5410. The preceding section shall be construed to apply not only 
preceding sec-^ cases j n vy-hich the prisoner who escaped was charged or found guilty 
of an offense against the laws of the United States, but also to cases in 
which a prisoner may be in custody charged with offenses against any 
foreign government with which the United States haye treaties of ex- 
tradition. 



EXTRA PAY, EXTRA SALARIES, &c. 



Sec. 

1763. Double salaries. 

1764. Extra services. 

1765. 'Extra allowances. 



Sec 

2687. Apportionment of salaries. 

3654. Extra compensation for disbursements. 

. Extra compensation forbidden. 



Extra services- 



Extra all ow 
ances. 



Title ***' Sec. 1763. No person who holds an office, the salary or annual corn- 

Double salaries. P eDsat ion attached to which amounts to the sum of two thousand five 
' hundred dollars, shall receive compensation for discharging the duties 
of any other office, unless expressly authorized by law. 

Sec. 1764. No allowance or compensation shall be made to any officer 
or clerk, by reason of the discharge of duties which belong to any other 
officer or clerk in the same or any other Department ; and no allowance 
or compensation shall be made for any extra services whatever, which 
any officer or clerk may be required to perform, unless expressly author- 
ized by law r . 

Sec. 1765. No officer in any branch of the public service, or any other 
person whose salary, pay, or emoluments are fixed by law or regulations, 
shall receive any additional pay, extra allowance, or compensation, in 
any form whatever, for the disbursement of public money, or for any 
other service or duty whatever, unless the same is authorized by law r , 
and the appropriation therefor explicitly states that it is for such addi- 
tional pay, extra allowance, or compensation. 

[.See also §§ 168, 170, 171, under head of Departments.] 

Title 34, Chap. 2. Sec. 2687. Collectors and all other officers of the customs, serving for 
Apportionment a ^ eSs P er i°d than a year, shall not be paid for the entire year, but shall 
of compensation be allowed in no case a greater than a pro rata of the maximum com- 
f or part of a pensation of such officers respectively for the time only which they 
year's service. actually served as such collectors or officers, whether the same be under 
one or more appointments, or before or after confirmation. And no col- 
lector or other officer shall, in any case, receive for his services, either 
as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he 
may be in service, beyond the maximum pro rata rate provided by law. 
And this section shall be applied and enforced in regard to all officers, 
agents, and employe's of the United States whomsoever, as well those- 
whose compensation is determined by a commission on disbursements,, 
not to exceed an annual maximum, as those paid by salary or otherwise. 

Title 40. 



Sec. 3654. No extra compen sation exceeding one-eighth of one per 
centum shall in any case be allowed or paid to any officer, person, or 
sation for "iff?- cor P orat i on f° r disbursing moneys appropriated to the construction of 
bursements. any public building. 

June 20, 1874. Sec. 3. That no civil officer of the Government shall hereafter receive 

Extra compen- an ^ compensation or perquisites, directly or indirectly, from the treas- 

sation to civil offi- UI T or property of the United States beyond his salary or compensation 

cers prohibited, allowed by law : Provided, That this shall not be construed to prevent 

the employment and payment by the Department of Justice of district 

attorneys as now allowed by law for the performance of services not 

covered by their salaries or fees. 

Approved, June 20, 1874. 

FISH-COMMISSIONER. 



Sec. 

4395. Appointment of commissioner of fish and 

fisheries. 

4396. Duties of commissioner. 



Sec. 

4397. Executive Department to aid investiga- 

tion. 

4398. Powers of commissioner. 



51. 



Sec. 4395. There shall be appointed by the President, with the advice 

~T TT 7~ f and consent of the Senate, from among the civil officers or employe's of 

com^nisSer of tne Government, a commissioner offish and fisheries, who shall be a 

fish and fisheries, person of proved scientific and practical acquaintance with the fishes 

of the coast, and who shall serve without additional salary. 



105 

Sec. 4396. The commissioner of fish and fisheries shall prosecute in- Duties of the 
vestigations and inquiries on the subject, with the view of ascertaining commissioner, 
whether any and what diminution in the number of the food-fishes of the 
coast and the lakes of the United States has taken place ; and, if so, to 
what causes the same is due; and also whether any and what protect- 
ive, prohibitory, or precautionary measures should be adopted in the 
premises ; and shall report upon the same to Congress. 

Sec. 4397. The heads of the several Executive Departments shall cause Executive De- 
to be rendered all necessary and practicable aid to the commissioner j^eSigations. 
in the prosecution of his investigations and inquiries. 

Sec. 4398. The commissioner may take or cause to be taken at all Powers of com- 
times, in the waters of the sea-coast of the United States, where the missioner. 
tide ebbs and flows, and also in the waters of the lakes, such fish or 
specimens thereof as may in his judgment, from time to time, be need- 
ful or proper for the conduct of his duties, any law, custom, or usage of 
any State to the contrary notwithstanding. 

FLAG AND SEAL— STANDARDS. 

Sec. | Sec. 

1554. Captured flags. 1792. A star to be added for every new State. 

1555. Display of captured flags. 1793. Seal of the United States. 

1791. The flag to be 13 stripes ami 37 stars. | 1794. Secretary of State to keep and use the seal. 

Sec. 1554. The Secretary of the Navy shall cause to be collected and Title 15, Chap. 7. 

transmitted to him, at the seat of Government of the United States, all Q a pt ure d fla°-s. 
such flags, standards, and colors as shall have been or may hereafter be 
taken by the Navy from enemies. 

Sec. 1555. All flags, standards, and colors of the description mentioned Preservation of 
in the foregoing section, which are now in the possession of the Navy "j some public 
Department, or may hereafter be transmitted to it, shall be delivered to p ace * 
the President, for the purpose of being, under his direction, preserved 
and displayed in such public place as he may deem proper. 

Sec. 1791. The flag of the United States shall be thirteen horizontal Title 20. 
stripes, alternate red and white ; and the union of the flag shall be thirty- The fla<T to be 
seven stars, white in a blue field. 13 stripes°and 37 

stars. 

Sec. 1792. On the admission of a new State into the Union one star A star to be 
shall be added to the union of the flag ; and such addition shall take S^State eV6IT 
effect on the fourth day of July then next succeeding such admission. 

Sec. 1793. The seal heretofore used by the United States in Congress Se a lo f the 
assembled is declared to be the seal of the United States. United states. 

Sec. 1794. The Secretary of State shall keep such seal, and shall make Secretary of 
out and record, and shall affix the same to, all civil commissions for offi- State to keep and 
cers of the United States, to be appointed by the President, by and with Ube 
the advice and consent of the Senate, or by the President alone. But 
the seal shall not be affixed to any commission before the same has been 
signed by the President of the United States, nor to any other instrument, 
without the special warrant of the President therefor. 

FOREIGN RELATIONS. 

IMMUNITY OF MINISTERS. 

Sec. Sec. 

4062. Penalty for violating safe conduct or as- 4065. "When process may be issued against per 

saulting public minister. sons in service of ministers. 

4063. Process against ministers and their domes- 4066. Public access to list of names of ministers' 

tics void. servants. 

4964. Penalty lor suing out or executing such . 
process. 

Sec 4032. Every person who violates any safe conduct or passport Title 47. 
duly obtained and issued under authority of the United States; or who p , . for 

assaults, strikes, wounds, imprisons, or in any other manner offers vio- violating safe 
lence to the person of a public minister, in violation of the law of na- conduct or as- 
tions, shall be imprisoned for not more than three years, aud fined, at the saulting public 
discretion of the court. minister. 



106 

Process against Sec. 4063. Whenever any writ or process is sued oat or prosecuted by 
th rip 8 domestics any P erson in aD .Y court of the United States, or of a State, or by any 
void. judge or justice, whereby the person of any public minister of any for- 

eign prince or state, authorized and received as such by the President, 
or any domestic or domestic servant of any such minister, is arrested or 
imprisoned, or his goods or chattels are distrained, seized, or attached, 
such writ or process shall be deemed void. [See § 687, Supreme Court.] 
Penalty for su- Sec. 4064. Whenever any writ or process is sued out in violation of 
ing out or execut- the preceding section, every person by whom the same is obtained or 
ing such process, prosecuted, whether as party or as attorney or solicitor, and every offi- 
cer concerned in executing it, shall, be deemed a violator of the laws of 
nations, and a disturber of the public repose, and shall be imprisoned 
for not more than three years, and fined at the discretion of the court. 
When process Sec. 4065. The two preceding sections shall not apply to any case 
<l where the person against whom the process is issued is a citizen or in- 



may be issu 



flslrvice^ e t' r min S nabitan t °f tne United States, in the service of a public minister, and the 

isters. process is founded upon a debt contracted before he entered upon such 

service ; nor shall the preceding section apply to any case where the 
person against whom the process is issued is a domestic servant of a 
public minister, unless the name of the servant has, before the issuing 
thereof, been registered in the Department of State, and transmitted by 
the Secretary of State to the marshal of the District of Columbia, who 
shall upon receipt thereof post the same in some public place in his office. 
Public access to Sec. 4066. All persons shall have resort to the list of names so posted 

list of names of i n the marshal's office, and may take copies without fee. 

ministers ser- 



TESTIMONY AND WITNESSES IN FOKEIGN COUNTRIES. 



Sec. 

4073. Punishment of witness for contempt. 

4074. Fees and mileage of witnesses. 



Sec. 

4071. Taking testimony to be used in foreign 

countries. 

4072. Witness need not criminate himself. 

Title 47. Sec. 4071. The testimony of any witness residing within the United 

T k" «■ t ^States, to be used in any suit for the recovery of money or property 
mony to S be 6 usedd e P en ding in any court in any foreign country with which the United 
in foreign coun- States are at peace, and in which the government of such foreign coun- 
tries, try shall be a party or shall have an interest, may be obtained, to be 
used in such suit. If a commission or letters rogatory to take such tes- 
timony, together with specific written interrogatories, accompanying the 
same, and addressed to such witness, shall have been issued from the 
court in which such suit is pending, on producing the same before the 
district judge of any district where the witness resides or shall be found, 
and on due proof being made to such judge that the testimony of any 
witness is material to the party desiring the same, such judge shall issue 
a summons to such witness requiring him to appear before' the officer or 
commissioner named in such commission or letters rogatory, to testify in 
such suit. And no witness shall be compelled to appear or to testify 
under this section except for the purpose of answering such interroga- 
tories so issued and accompanying such commission or letters : Provided, 
That when counsel for all the parties attend the examination, they may 
consent that questions in -addition to those accompanying the commis- 
sion or letters rogatory may be put to the witness, unless the commis- 
sion or letters rogatory exclude such additional interrogatories. The 
summons shall specify the time and place at which the witness is 
required to attend, which place shall be within one hundred miles of the 
place where the witness resides or shall be served with such summons. 
Witness need Sec. 4072. No witness shall be required, on such examination or any 
not criminate other under letters rogatory, to make any disclosure or discovery which 
himself. shall tend to criminate him either under the laws of the State or Terri- 
tory within which such examination is had, or any other, or any foreign 
state. 
Punishment of Sec. 4073. If any person shall refuse or neglect to appear at the time 
witness for con- and place mentioned in the summons issued, in accordance with section 
tempt. forty hundred and seventy-one, or if upon his appearance he shall refuse 
to testify, he shall be liable to the same penalties as would be incurred 
for a like offense on the trial of a suit in the district court of the United 
States. 
Fees and mile- g EC . 4 4074. Every witness who shall so appear and testify shall be 
age of witnesses. a u ovre( j } an( j shall receive from the party at whose instance he shall 
have been summoned, the same fees and mileage as are allowed to wit- 
nesses in suits depending in the district courts of the United States. 



107 



JUDICIAL AUTHORITY OF MINISTERS AND CONSULS. 



Sec. 

40S;5. Judicial authority of United States minis- 
ters and consols iu certain countries. 
4084. Their jurisdiction of crimes. 
40.^5. Jurisdiction iu civil cases. 
40S6. Jurisdiction, how exercised and enforced. 

4087. Arrest, trial, aud sentence of criminals. 

4088. Powers of consular officers in uncivilized 

countries. 

4089. Decisions of consuls ; appeal to minister. 

4090. Jurisdiction of ministers in capital cases, 

&c. 

4091. Appellate jurisdiction of ministers in cer- 

tain countries. 

4092. Appeals from consular courts in China and 

Japan. 

4093. "When appeal allowed to circuit court for 

California. 

4094. Appeal from minister's decisions in civil 

cases. 

4095. In criminal cases. 

409(5. Circuit court for California to hear ap- 
peals. 

4097. Evidence in consular courts, how taken. 

4098. Compromise, or reference of civil cases to 

be encouraged 

4099. Certain criminal cases may be settled. 

4100. Aid of civil authorities may be invoked. 

4101. Punishments by flue or imprisonment. 

4102. For murder, insurrection, or rebellion. 



Sec. 

410 5. Execution of criminals. 
4104. Punishment of contempts. 
4103. Decisions of consul sitting alone in criminal 
cases. 

4106. Associates may be called by consuls in 

criminal trials. 

4107. Associates in civil cases. 

4108. Where jurisdiction of ministers may be ex- 

ercised. 

4109. Jurisdiction of minister, when appellate and 

wheu original. 

4110. Responsibility of diplomatic and consular 

officers. 

4111. Marshals of consular courts. 

4112. Execution and return of process. 

4117. Ministers to make regulations for consular 

courts. 

4118. Publication of regulations. 

4120. Fees for judicial services. 

4121. Expenses of prisouers in foreign countries. 

4125. Provisions of Title extended to Turkey. 

4126. To Persia. 

4127. To Tripoli, Tunis, Morocco, and Muscat. 

4128. Judicial duties, when to devolve on Secre- 

tary of State. 

412?). Provisions of Title further extended. 

4130. Definition of words "minister" and "con- 
sul." 



Sec. 4083. To carry into full effect the provisions of the treaties of the 
Uuited States with China, Japan, Siam, Egypt^ and Madagascar, re- 
spectively, the miuister aud the consuls of the Uuited States, duly 
appointed to reside in each of those countries, shall, in addition to other 
powers aud duties imposed upon them, respectively, by the provisions 
of such treaties, respectively, be invested with the judicial authority 
herein described, which shall appertain to the office of miuister and 
consul, and be a part of the duties belonging thereto, wherein, and so 
far as, the same is allowed by treaty. 

Sec. 4CH4. The officers meutioned in the preceding secfcioi are fully 
empowered to arraign aud try, in the manner herein provided, all citi- 
zeus of the Uuited States charged with offenses against law, committed 
in such countries, respectively, and to sentence such offenders in the 
manner hereiu authorized: and each of them is authorized to issue all 
such processes as are suitable and necessary to carry this authority iuto 
execution. 

Sec. 40^5. Such officers are also invested with all the judicial author- 
ity necessary to execute the provisions of such treaties, respectively, iu 
regard to civil rights, whether of property or person ; aud they shall en- 
tertain jurisdiction in mattars of contract, at; the port where, or nearest 
to which, the contract was made, or at the port at which or nearest to 
which, it was to be executed, and in all other matters, at the port where, 
or nearest to which, the cause of controversy arose, or at the port where, 
or nearest to which, the damage complained of was sustained, provided 
such port be one of the ports'at which the United States are represented 
by consuls. Such jurisdiction shall embrace all controversies between 
citizens of the United States, or others, provided for by such treaties, 
respectively. 

Sec. 40db : . Jurisdiction in both criminal and civil matters shall, in all 
cases, be exercised and enforced in conformity with the laws of the 
Uuited States, which are hereby, so far as is necessary to execute such 
treaties, respectively, and so far as they are suitable to carry the same 
into effect, extended over all citizens of the United States in those coun- 
tries, and over all others to the extent that the terms of the treaties, re- 
spectively, justify or require. But in all cases where such laws are not 
adapted to the object, or are deficient in the provisions necessary to fur- 
nish suitable remedies, the common law and the law of equity and admi- 
ralty shall be extended in like manner over such citizens aud others in 
those countries; and if neither the common law, nor the law of equity 
or admiralty, nor the statutes of the United States, furnish appropriate 
and sufficient remedies, the ministers in those countries, respectively, 
shall, by decrees and regulations which shall have the force of law, 
supply such defects and deficiencies. 



Title 47. 



Judicial au- 
thority of United 
States ministers 
and consuls in 
certain countries. 



Their juris lic- 
tion of crimes. 



Jurisdiction in 
civil cases. 



Jurisdiction, 
how exercised 
and enforced. 



108 

Arrest, trial Sec. 4087. Each of the consuls mentioned in section forty hundred 
cikninals 61106 aDd eighty-three, at the port for which he is appointed, is authorized 
upon facts within his own knowledge, or which he has good reason to 
believe true, or upon complaint made or information filed in writing and 
authenticated in such way as shall be prescribed by the minister, to 
issue his warrant for the arrest of auy citizen of the United States 
charged of committing in the country an offense against law; and to 
arraign and try any such offender; and to sentence him to punishment 
in the manner herein prescribed. 
Powers of con- Sec. 4088. The consuls and commercial agents of the United States 
eular officers in a t islands or in countries not inhabited by any civilized people, or rec- 
tr n ies ViliZed C ° Un °g nized bv anv tieaty with th« United States, are authorized to try, hear, 
and determine all cases in regard to civil rights, whether of person or 
property, where the real debt or damages do not exceed the sum of one 
thousand dollars, exclusive of costs, and upon full hearing of the allega- 
tions and evidence of both parties, to give judgment according to the 
laws of 'the United States, and according to the equity and right of the 
matter, in the same manner as justices of the peace are now authorized 
and empowered where the United States have exclusive jurisdiction. 
They are also invested with the powers conferred by the provisions of 
sections forty hundred and eighty-six and forty hundred and eighty- 
seven for trial of offenses or misdemeanors. 
Decisions of Sec. 4089. Any consul when sitting alone may also decide all ca?es 
consuls ; appeal i n which the fine imposed does not exceed five hundred dollars, or the 
to minister. term of imprisonment does not exceed ninety days ; but in all such cases, 

if the fine exceeds one hundred dollars, or the term of imprisonment for 
misdemeanor exceeds sixty days, the defendants or any of them, if there 
be more than one, may take the case, by appeal, before the minister, if 
allowed jurisdiction, either upon errors of law or matters of fact, under 
such rules as may be prescribed by the minister for the prosecution of 
appeals in such cases. 
Jurisdiction of Sec. 4090. Capital cases for murder or insurrection against the govern- 
ministers overment of either of the countries hereinbefore mentioned, by citizens of 
ceitain offenses the United States, or for offenses against the public peace amounting to 

elYe D rnments lgnfelon y linder tbe laws of the Urii ted States, may be tried before the 
minister of the United States in the country where the offense is com- 
mitted if allowed jurisdiction; and every such minister may issue all 
manner of writs, to prevent the citizens of the United States from enlist- 
ing in the military or naval service of either of the said countries, to 
make war upon any foreign power with whom the United States are at 
peace, or in the service of one portion of the people against any other 
portion of the same people ; and he may carry out this power by a resort 
to such force belonging to the United States, as may at the time be 
within his reach. 
Appellate juris- s EC . 4091. Each of the ministers mentioned in section forty hundred 
ters 10 in obtain and eighty-three shall, in the country to which he is appointed, be fully 
countries. authorized to hear and decide all cases, criminal and civil, which may 

come before him, by appeal, under the provisions of this Title, and to 
issue all processes necessary to execute the power conferred upon him ; 
and he is fully empowered to decide finally any case upon the evidence 
which comes up with it, or to hear the parties further, if he thinks jus- 
tice will be promoted thereby ; and he may also prescribe the rules upon 
which new trials may be granted, either by the consuls or by himself, if 
asked for upon sufficient grounds. 
Appeals from Sec. 4092. On any final judgment in a consular court of China or Ja- 
ln I Chi H a and JV P an > wne re the matter in dispute exceeds five hundred dollars and does 
pan ; 1D n °t exceed two thousand five hundred dollars, exclusive of costs, an ap- 

peal shall be allowed to the minister in such country, as the case may be. 
But the appellant shall comply with the conditions established by gen- 
eral regulations. And the ministers are hereby authorized and required 
to receive, hear, and determine such appeals, 
allowed to circuit Sec. 4093. On any final judgment in any consular court of China or 
court for Califor- Japan, where the matter in dispute, exclusive of costs, exceeds the sum 
*" a - of two thousand five hundred dollars, an appeal shall be allowed to the 

circuit court for the district of California, and upon such appeal a tran- 
script of the libel, bill, answer, depositions, and all other proceedings in 
the cause shall be transmitted to the circuit court, and no new evidence 
shall be received on the hearing of the appeal ; and the appeal shall be 
subject to the rules, regulations, and restrictions prescribed in law for 
writs of error from district courts to circuit courts. 



109 

Sec. 4094. On any final judgment of the minister to China, or to Ja- Appeal from 
pan, given in the exercise of original jurisdiction, where the matter in ministers* deois- 
dispnte, exclusive of costs, exceeds two thousand five hundred dollars, 10U&mcivl cases » 
an appeal shall he allowed to the circuit court, as provided in the pre- 
ceding section. 

Sec. 4095. When any final judgment of the minister to China, or to in criminal cases. 
Japan, is given in the exercise of original or of appellate criminal juris- 
diction, the person charged with the crime or offense, if he considers the 
judgment erroneous in point of law, may appeal therefrom to the circuit 
court for the district of California ; but such appeal shall not operate as 
a stay of proceedings, unless the minister certifies that there is probable 
cause to grant the same, when the stay shall be such as the interests of 
justice may require. 

[Sec. 4096 gives circuit court of California authority to hear appeals.] Evidence in 

Sec. 4097. In all cases, criminal and civil, the evidence shall be taken ? onsl ! 1, Y courts ' 
down in writing in open court, under such regulations as may be made ow a 
for that purpose ; and all objections to the competency or character of 
testimony shall be noted, with the ruling in all such cases, and the evi- 
dence shall be part of the case. 

Sec. 4093. It shall be the duty of the ministers and the consuls in the Compromise or 
countries mentioned in section forty hundred and eighty-three, to encour- reference of civil 
age the settlement of controversies of a civil character, by mutual agree- ^oura^d GU 
incut, or to submit them to the decision of referees agreed upon by the ° 

parties; and the minister in each country shall prepare a form of submis- 
sion for such cases, to be signed by the parties, and acknowledged before 
the consul. When parties have so agreed to refer, the referees may, 
after suitable notice of the time and place of meeting for the trial, pro- 
ceed to hear the case, and a majority of them shall have power to decide 
the matter. If either party refuses or neglects to appear, the referees 
may proceed ex parte. After hearing any case such referees may deliver 
their award, sealed, to the consul, who, in court, shall open the same ; 
and if he accepts it, he shall indorse the fact, and judgment shall be ren- 
dered thereon, and execution issue in compliance with the terms thereof. 
The parties, however, may always settle the same before return thereof 
is made to the cousul. 

Sec. 4099. In all criminal cases which are not of a heinous character, Certain c rim- 
it shall be lawful for the parties aggrieved or concerned therein, with inal cases may be 
the assent of the minister in the country, or consul, to adjust and settle settled ' 
the same among themselves, upon pecuniary or other considerations. 

Sec. 4100. The ministers and consuls shall be fully authorized to call Aid of local an- 
upon the local authorities to sustain and support them in the execution thorities may be 
of the powers confided to them by treaty, and on their part to do aud mv 
perform whatever is necessary to carry the provisions of the treaties 
into full effect, so far as they are to be executed iu the countries, re- 

ectively. 

Sec. 4101. In all cases, except as herein otherwise provided, the pun- Punishments 
ishment of crime provided for by this Title shall be by fine or imprison- by fine or impris- 
meut, or both, at the discretion of the officer who decides the case, but onment - 
subject to the regulations herein contained, and such as may hereafter 
be made. It shall, however, be the duty of such officer to award puu- 
ishmeut according to the magnitude and aggravation of the offense. 
Every person who refuses or neglects to comply with the sentence passed 
upon him shall stand committed until he does comply, or is discharged 
by order of the consul, with the consent of the minister in the country. 

Sec. 4102. Iusurrection or rebellion against the government of either For murder, in- 
of those countries, with intent to subvert the same, and murder, shall surrection, or re- 
be capital offenses, punishable with death; but no person shall be con- e lon " 
victed of either of those crimes, unless the consul and his associates in 
the trial all concur in opinion, and the minister also approves of the 
conviction. But it shall be lawful to convict one put upon trial for 
either of these crimes, of a less offense of a similar character, if the evi- 
dence justifies it, and to punish, as for other offenses, by fine or impris- 
onment, or both. 

Sec. 410.5. Whenever any person is convicted of either of the crimes Execution of 
punishable with death, in either of those countries, it shall be the duty criminals, 
of the minister to issue his warrant for the execution of the convict, ap- 
pointing the time, place, and manner; but if the minister is satisfied 
that the ends of public justice demand it, he may from time to time 
postpone such execution ; and if he finds mitigating circumstances which 
authorize it, he may submit the case to the President for pardon. 



110 



alone in criminal 



Associates 
eivil cases. 



Punishment of Sec. 4104. No line imposed by a consul for a contempt committed in 
•ontempts. presence of the court, or for failing to obey a summons from the same, 

shall exceed fifty dollars; nor shall the imprisonment exceed twenty- 
four hours for the same contempt. 
Decisions of Sec. 4105. Any consul, "when sitting alone for the trial of offenses or 
consuls^ sitting misdemeanors, shall decide finally all cases where the fine imposed does 
uot exceed one hundred dollars, or the term of imprisonment does not 
exceed sixty days. 

Associates may Sec. 4106. Whenever, in any case, the consul is of opinion that, by 
be called by con- re asou of the legal questions which may arise therein, assistance will 
trials 1 crimi n a be useful to him, or whenever he is of opinion that severer punishments 
than those specified in the preceding sections will be required, he shall 
summon, to sit with him on the trial, one or more citizens of the United 
States, not exceeding four, and in capital cases not less than four, who 
shall be taken by lot from a list which had previously been submitted 
to and approved by the minister, and shall be persons of good repute 
aud competent for the duty. Every such associate shall enter upon the 
record his judgment and opinion, and shall sign the same ; but the consul 
shall give judgment in the case. If the consul and his associates concur 
in opinion, the decision shall, in all cases, except of capital offenses and 
except as provided in the preceding section, be final. If auy of the 
associates differ in opinion from the consul, the case, without further pro- 
ceedings, together with the evidence and opinions, shall be referred to 
the minister for his adjudication, either by entering up judgment therein, 
or by remitting the same to the consul with instructions how to proceed 
therewith, 
n Sec. 4107. Each of the consuls mentioned in section four thousand 
and eighty-three shall have at the port for which he is appointed, juris- 
diction as herein provided, in all civil cases arising under such treaties, 
respectively, wherein the damages demanded do not exceed the sum of 
five hundred dollars ; and, if he sees fit to decide the same without aid, 
his decision thereon shall be final. But whenever he is of opinion that 
any such case involves legal perplexities, and that assistance will be 
useful to him, or whenever the damages demanded exceed five hundred 
dollars, he shall summon, to sit with him on the hearing of the case, not 
less than two nor more than three citizens of the United States, if such 
are residing at the port, who shall be taken from a list which had pre- 
viously been submitted to and approved by the minister, and shall be of 
good repute and competent for the duty. Every such associate shall 
note upon the record his opinion, and also, in case he dissents from the 
consul, such reasons therefor as he thinks proper to assign ; but the 
consul shall give judgment in the case. If the consul and his associates 
concur in opinion, the judgment shall be final. If any of the associates 
differ in opinion from the consul, either party may appeal to the minister 
under such regulations as may exist ; butif no appeal is lawfully claimed, 
the decision of the consul shall be final. 
Where juris- Sec. 4108. The jurisdiction allowed by treaty to the ministers, re- 
diction of minis- spectively, in the countries named in section four thousand and eighty- 
ercised ay be eX tnree slaa11 ^e exercised by them in those countries, respectively, wherever 
they may be. 
Jurisdiction of Sec. 4109. The jurisdiction of such ministers in all matters of civil 
minister, when redress, or of crimes, except in capital cases for murder or insurrection 
appellate and against the governments of such countries, respectively, or for offenses 
when original, against the public peace amounting to felony under the laws of the 
United States, shall be appellate only: Provided, That in cases where a 
consular officer is interested, either as party or witness, such minister 
shall have original jurisdiction. 
Responsibility Sec. 4110. All such officers shall be responsible for their conduct to 
of diplomatic and the United States, and to the laws thereof, not only as diplomatic or 
consular omcers. consular officers, but as judicial officers, when they perform judicial 
duties, and shall be held liable for all negligences and misconduct as 
public officers. 
Marshals of Sec. 4111. The President is authorized to appoint marshals for such 
eousular courts, of the consular courts in those countries as he may thiuk proper, not to 
exceed seven in number, namely : one in Japan, four in China, one in 
Siam, and one in Turkey, each of whom shall receive a salary of one 
thousand dollars a year, in addition to the fees allowed by the regula- 
tions of the ministers, respectively, in those countries. 
Execution and Sec. 4112. It shall be the duty of the marshals, respectively, to exe- 
returnof process. C ute all process issued by the minister of the United States in those 



Ill 

countries, respectively, or by tbe consul at the port at which they reside, 
and to make due returu thereof to the officer by whom it was issued, 
and to conform in all respects to the regulations prescribed by the min- 
isters, respectively, in regard to their duties. 

[Intervening sections relate to marshals, bonds, &c] 

Sec. 4117. In order to organize and carry into effect the system of Ministers to 
jurisprudence demanded by such treaties, respectively, the ministers, make regulations 
with the advice of the several consuls in each of the countries, respect- C °* T £ ° n s ular 
ively, or of so many of them as can be conveniently assembled, shall 
prescribe the forms of all processes to be issued by any of the consuls ; 
the mode of executing and the time of returning the same ; the manner 
in which trials shall be conducted, and how the records thereof shall be 
kept: the form of oaths for Christian witnesses, and the mode of exam- 
ining all other witnesses ; the costs to be allowed to the prevailing party, 
and the fees to be paid for judicial services; the manner in which all 
officers and agents to execute process, and to carry this Title into effect, 
shall be appointed and compensated; the form of bail-bonds, and the 
security which shall be required of the party who appeals from the 
decision of a consul ; and shall make all such further decrees and regu- 
lations from time to time, under the provisions of this Title, as the 
exigency may demand. 

Sec. 411S. All such regulations, decrees, and orders shall be plainly Publication of 
drawn up in writing, and submitted, as hereinbefore provided, for the regulations. 
advice of the consuls, or as many of them as can be consulted without 
prejudicial delay or inconvenience, and such consul shall signify his 
assent or dissent in writing, with his name subscribed thereto. After 
taking such advice, and considering the same, the minister in each of 
those countries may, nevertheless, by causing the decree, order, or regu- 
lation to be published with his signature thereto, and the opinions of 
his advisers inscribed thereon, make it binding and obligatory, until 
annulled or modified by Congress ; and it shall take effect from the pub- 
lication or any subsequent day thereto named in the act. 

Sec. 4120. It shall be the duty of the minister in each of those coun- Fees for judi- 
tries to establish a tariff of fees for judicial services, which shall be cial services. 
paid by such parties, and to such persons, as the minister shall direct ; 
and the proceeds shall, as far as is necessary, be applied to defray the 
expenses incident to the execution of this Title ; and regular accounts, 
both of receipts and expenditures, shall be kept by the minister and 
consuls and transmitted annually to the Secretary of State. 

Sec. 41*21. The President, when provision is not otherwise made, is Expenses of 
authorized to allow, in the adjustment of the accounts of each of the prison sin foreign 
ministers or consuls, tbe actual expenses of the rent of suitable build- countries, 
ings or parts of buildings to be used as prisons for American convicts 
in those countries, not to exceed in any case the rate of six hundred 
dollars a year; and also the wages of the keepers of the same, and for 
the care of offenders, not to exceed, iu any case, the sum of eight hun- 
dred dollars per annum. But no more than one prison shall be hired 
in Japan, four in China, one in Turkey, and one in Siam, at such port 
or ports as the minister, with the sanction of the President, may desig- 
nate, and the entire expense of prison and prison-keepers at the con- 
sulate of Bankok, in Siam, shall not exceed the sum of one thousand 
dollars a year. 

Sec. 4125. The provisions of this Title, so far as the same relate to Provisions of 
crimes and offenses committed by citizens of the United States, shall Title extended to 
extend to Turkey, under the treaty with the Sublime Porte of May y ' 

seventh, eighteen hundred and thirty, and shall be executed in the Otto- 
man dominions in conformity with the provisions of the treaty, and of 
this Title, by the minister and the consuls appointed to reside therein, 
who are hereby ex-officio vested with the powers herein conferred upon 
the ministers and consuls in China, for the purposes above expressed, 
so far as regards the punishment of crime, and also for the exercise of 
jurisdiction iu civil cases wherein the same is permitted by the laws of 
Turkey, or its usages in its intercourse with the Franks, or other foreign 
Christian nations. 

Sec. 4126. The provisions of this Title shall extend to Persia, in re- To Persia. 
spect to all suits and disputes which may arise between citizens of the 
I nited States therein ; and the minister and consuls who may be ap- 
pointed to reside in Persia are hereby invested, in relation to such suits 
and disputes, with such powers as are by this Title conferred upon the 
ministers and consuls in China. All suits and disputes arising in Per 



112 



To Tripoli, Tu- 
nis, Morocco, arid 
Muscat. 



Judicial duties, 
when to devolve 
on Secretary of 
State. 

Provisions o f 
Title extended to 
other countries. 



Definition of 
words "minis- 
ter" and "con- 
sul." 



sia between Persian subjects and citizens of the United States shall be 
carried before the Persian tribunal to which such matters are usually 
referred, at the place where a consul or agent of the United States may- 
reside, and shall be discussed and decided according to equity, in the 
presence of an employe" of the consul or agent of the Uuited States ; and 
it shall be the duty of the consular officer to attend the trial, in person, 
and see that justice is administered. All suits and disputes occurring 
in Persia between the citizens of the United States and the subjects of 
other foreign powers, shall be tried and adjudicated by the intermedia- 
tion of their respective ministers or consuls, in accordance with such 
regulations as shall be mutually agreed upon by the minister of the 
United States for the time being, and the ministers of such foreign pow- 
ers, respectively, which regulations shall from time to time be submitted 
to the Secretary of State. 

Sec. 4127. The provisions of this Title, so far as the same are in con- 
formity with the stipulations in the existing treaties betweeu the United 
States and Tripoli, Tunis, Morocco, and Muscat, respectively, shall ex- 
tend to those countries, and shall be executed in conformity with the 
provisions of the treaties, and of the provisions of this Title, by the con- 
suls appointed by the United States to reside therein, who are hereby 
ex-officio invested with the powers herein delegated to the ministers and 
consuls of the United States appointed to reside in the countries named 
in section forty hundred and eighty-three, so far as the same can be ex- 
ercised under the provisions of treaties between the United States and 
the several countries mentioned in this section, and in accordance with 
the usages of the countries in their intercourse with the Franks or other 
foreign Christian nations. 

Sec. 4128. If at any time there be no minister in either of the coun- 
tries hereinbefore mentioned, the judicial duties which are imposed by 
this Title upon the minister shall devolve upon the Secretary of State, 
who is authorized and required to discharge the same. 

Sec. 4129. The provisions of this Title relating to the jurisdiction of 
consular and diplomatic officers over civil and criminal cases in the coun- 
tries therein named, shall extend to any country of like character with 
which the United States may hereafter enter into treaty relations. 

Sec. 4130. The word " minister," when used in this Title, shall be un- 
derstood to mean the person invested with, and exercising, the principal 
diplomatic functions. The word " consul" shall be understood to mean 
any person invested by the United States with, and exercising, the 
functions of consul-general, consul, or vice-consul. 



FRAUD, FORGERY, THEFT, &c." 



Sec. 

183. Clerks investigating frauds may administer 
oath. 
5394. Stealing process, &c. 
5418. Forging, &c, hid, public record, &c. 

5421. Forging deed, power of attorney, &c. 

5422. Having forged papers in possession. 

5435. False personation. 

5436. False demand on fraudulent power of at- 

torney. 



Sec. 
5438. 
5439. 
5440. 
5441. 

5456. 

5479. 



Making or presenting false claims. 
Embezzling arms, stores, &c. 
AH parties to a conspiracy equally guilty. 
Delaying or defrauding captor or claimant, 

&c, of prize-property. 
Robbery or larceny of personal property ot 

the United States. 
Counterfeiting or forging bids, bonds, <fcc. 
Larcenies and stolen goods. 



Title 4. Sec. 183. Any officer or clerk of any of the Departments lawfully de- 

"Oaths when ad- tailed to investigate frauds or attempts to defraud on the Government, 
ministered by or any irregularity or misconduct of any officer or agent of the United 
officers, <fcc. * States, shall have authority to administer an oath to any witness attend- 
ing to testify or depose in the course of such investigation. 



Title 70, Chap. 4. Sec. 5394. Every person who feloniously steals, takes away, alters, 

; falsifies, or otherwise avoids any record, writ, process, or other proceed- 

terinff^nro °e si * n S> * u an ^ court} °f tne United States, by means whereof any judgment 
procuring false is reversed, made void, or does not take effect, and every person who 
bail, &c. ° acknowledges, or procures to be acknowledged, in any such court, any 

recognizance, bail, or judgment, in the name of any other person not 
privy or consenting to the same, shall be fined not more than five thou- 
sand dollars or be imprisoned at hard labor not more than seven years ; 
but this provision shall not extend to the acknowledgment of any judg- 
ment by an attorney, duly admitted for any person against whom anj 
such judgment is had or given. 



113 

Sec. 5418. Every person who falsely makes, alters, forges, or counter- Title 7 [ (hap. 5. 
leits arjy bid, proposal, guarantee, official bond, public record, affidavit, ■ Foro . i &c 
or other writing, for the purpose of defrauding the United States, or ut- bid, public re- 
fers or publishes as true any such false, forged, altered, or counterfeited cord, &c. 
bid, proposal, guarantee, official bond, public record, affidavit, or other 
writing, for such purpose, knowing the same to be false, forged, altered, 
or counterfeited, or transmits to or presents at the office of any officer of 
the United States any such false, forged, altered, or counterfeited bid, 
proposal, guarantee, official bond, public record, affidavit, or other writ- 
ing, knowing the same to be false, forged, altered, or counterfeited, for 
such purpose, shall be imprisoned at hard labor for a period not more 
than ten years, or be fined not more than one thousand dollars, or be 
punished by both such fine and imprisonment. [See $ 5479.] 

Sec. 5421. Every person who falsely makes, alters, forges, or counter- Forging deed, 
feits; or causes or procures to be falsely made, altered, forged, or coun-P ower of attor- 
terfeited ; or willingly aids or assists in the false making, altering, forg- ney ' &c ' 
ing, or counterfeiting, any deed, power of attorney, order, certificate, 
receipt, or other writing, for the purpose of obtaining or receiving, or of 
enabling any other person, either directly or indirectly, to obtain or re- 
ceive from the United States, or any of their officers or agents, any sum 
of money ; or who utters or publishes as true, or causes to be uttered or 
published as true, any such false, forged, altered, or counterfeited deed, 
power of attorney, order, certificate, receipt, or other writing, with in- 
tent to defraud the United States, knowing the same to be false, altered, 
forged, or counterfeited ; or who transmits to, or presents at, or causes 
or procures to be transmitted to, or presented at, any office or officer of 
the Government of the United States, any deed, power of attorney, or- 
der, certificate, receipt, or other writing, in support of, or in relation to, 
any account or claim, with intent to defraud the United States, know- 
ing the same to be false, altered, forged, or counterfeited, shall be im- 
prisoned at hard labor for a period of not less than one year nor more 
than ten years ; or shall be imprisoned not more than five years, and 
fined not 'more than one thousand dollars. 

Sec. 5422. Every person who, knowingly and with intent to defraud Having forged 
the United States, has in his joossession any false, altered, forged, or papers in posses- 
counterfeited deed, power of attorney, order, certificate, receipt, or other siou - 
writing, for the purpose of enabling another to obtain from the United 
States, or any of their officers or agents, any sum of money, shall be 
fined and imprisoned at the discretion of the court. 

Sec. 5435. Every person who falsely personates any true and lawful False persona- 
holder of any share or sum in the public stocks or debt of the United tion of bolder ot 
States, or any person entitled to any annuity, dividend, pension, prize- 1" 1 " 110 stocks- 
money, wages, or other debt due from the United States, and, under 
color of such false personation, transfers or endeavors to transfer such 
public stock or any part thereof, or receives or endeavors to receive the 
money of such true and lawful holder thereof, or the money of any per- 
son feally entitled to receive such annuity, dividend, pension, prize- 
money, wages, or other debt, shall be punished by a fine of not more 
than five thousand dollars, and by imprisonment at hard labor not more 
than ten years. 

Sec. 5436. Every person who knowingly or fraudulently demands or False demand 
endeavors to obtain any share or sum in the public stocks of the United on fraudulent 
States, or to have any part thereof transferred, assigned, sold, or con-P°y er of at tor- 
veyed, or to have any annuity, dividend, pension, prize-money, wages, ney ' 
or other debt due from the United States, or any part thereof, received 
or paid by virtue of any false, forged, or counterfeited power of attor- 
ney, authority, or instrument, shall be punished by a fine of not more 
than five thousand dollars, and by imprisonment at hard labor not more 
than ten years. 

Sec. 5438. Every person who makes or causes to be made, or presents Making or pre- 
or causes to be presented, for payment or approval, to or by any person s eu . ting f a 1 s o 
or officer in the civil, military, or naval service of the United States, cluims - 
any claim upon or against the Government of the United States, or any 
department or officer thereof, knowing such claim to be false, fictitious, 
or fraudulent, or who, for the purpose of obtaining or aiding to obtain 
the payment or approval of such claim, makes, uses, or causes to be 
made or used, any false bill, receipt, voucher, roll, account, claim, cer- 
tificate, affidavit, or deposition, knowing the same to contain any fraud- 
ulent or fictitious statement or entry, or who enters into any agreement, 
combination, or conspiracy to defraud the Government of the United 

8NL 



114 

States, or any department or officer thereof, by obtaining or aiding to 
obtain the payment or allowance of any false or fraudulent claim, or 
who, having charge, possession, custody, or control of any money or 
other public property used or to be used in the military or naval service, 
who, with intent to defraud the United States or willfully to conceal 
such money or other property, delivers or causes to be delivered, to any 
other person having authority to receive the same, any amount of such 
money or other property less than that for which he received a certifi- 
cate or took a receipt, and every person authorized to make or deliver 
any certificate, voucher, receipt, or other paper certifying the receipt of 
arms, ammunition, provisions, clothing, or other property so used or to 
be used, who makes or delivers the same to any other person without a 
full knowledge of the truth of the facts stated therein, and with intent 
to defraud the United States, and every person who knowingly pur- 
chases or receives in pledge for any obligation or indebtedness from 
any soldier, officer, sailor, or other person called into or employed in the 
military or naval service any arms, equipments, ammunition, clothes, 
military stores, or other public property, such soldier, sailor, officer, or 
other person not having the lawful right to pledge or sell the same, 
every person so offending in any of the matters set forth iu this section 
shall be imprisoned at hard labor for not less than one nor more than 
five years, or fined not less than one thousand nor more than five thou- 
sand dollars. [See §§ 3490, 3491, under Claims.] 
Emb e z z 1 i n g Sec. 5439. Every person who steals or embezzles, or knowingly applies 
arms, stores, &c. to his own use, or who unlawfully sells, conveys, or disposes of, any 
ordnance, arms, ammunition, clothing, subsistence stores, money, or 
other property of the United States, furnished or to be used for the 
military or naval service, shall be punished as prescribed in the preced- 
ing section. 
All parties to a Sec. 5440. If two or more persons conspire either to commit any 
C ° "if P cr i if 1 ° y °ff erise against the United States, or to defraud the United States in any 
equally guilty. mamler or f or ail y purpose, and one or more of such parties do any act 
to effect the object of the conspiracy, all the parties to such conspiracy 
shall be liable to a penalty of not less than one thousand dollars and 
not more than ten thousand dollars, and to imprisonment not more than 
two years. 
Delaying or de- Sec. 5441. Every person who willfully does any act or aids or advises 
frauding cap tor j n ^he doing of any act relating to the bringing in, custody, preserva- 
ofprize^operty'. ^ 0D > sa ^ e ' or °ther disposition of any property captured as prize, or 
' relating to any documents or papers connected with the property, or to 
any deposition or other document or paper connected with the proceed- 
ings, with intent to defraud, delay, or injure the United States or any 
captor or claimant of such property, shall be punished by a fine of not 
more than ten thousand dollars, or by imprisonment not more than five 
years, or both. [ See § § 4613-4652, Pkize. ] 
Robbery or lar- Sec. 5456. 'Every person who robs another of any kind or desciiption 
rrooertv^FThe °^ P ersoria ^ property belonging to the United States, or feloniously takes 
United States. aiic ^ carries away the same, shall be punished by a fine of not more than 
five thousand dollars, or by imprisonment at hard labor not less than 
one nor more than tea years, or by both such fine and imprisonment. 
Counterfeits g Sec. 5479. If any person shall falsely make, alter, forge, or counter- 
bid, bond, &c. felt, or cause or procure to be falsely made, altered, forged, or counter- 
feited, or willingly aid, or assist in the false making, altering, forging, 
or counterfeiting, any bond, bid, proposal, guarantee, security, official 
bond, public record, affidavit, or other writing for the purpose of defraud- 
ing the United States ; or shall utter or publish as true, or cause to be 
uttered or published as true, any such false, forged, altered, or counter- 
feited bond, bid, proposal, guarantee, security, official bond, public rec- 
ord, affidavit, or other writing, for the purpose of defrauding the United 
States, knowing the same to be false, forged, altered, or counterfeited ; 
or shall transmit to, or present at, or cause to procure to be transmitted 
to, or presented at, the office of any officer of the United States, any 
such false, forged, altered, or counterfeited bond, bid, proposal, guar- 
antee, security, official bond, public record, affidavit^ or other writing, 
knowing the same to be false, forged, altered, or counterfeited, for the 
purpose of defrauding the United States, shall be punishable by a fine 
of not more than one thousand dollars, or by imprisonment at hard 
labor for not more than ten years, or by both such punishments. [See 
§ 5418.] 



115 

An act to punish certain larcenies, and the receivers ot stolen goods. 

Be it enacted by the Senate and House of Bepresentatives of the United March 3, 1875. 
States of America in Congress assembled, That any person who shall em- p , — — — 
bezzle. steal, or purloin any money, property, record, voucher, or valua- gte™ lYnV&c!,' 
"ble thing whatever, of themoneys, goods, chattels, records, or property from United 
of the United States, shall be deemed guilty of felony, and on conviction States deemed 
thereof before the district or circuit court of the United States in the telon ^' P enalt y- 
district wherein said offense may have been committed, or into which 
he shall carry or have in possession of said property so embezzled, stolen, 
or purloined, shall be punished therefor by imprisonment at hard labor 
in the penitentiary not exceeding five years, or by a fine not exceeding 
five thousand dollars, or both, at the discretion of the court before which 
he shall be convicted. 

Sec. 2. That if any person shall receive, conceal, or aid in concealing, Knowingly re- 
or have, or retain in his possession with intent to convert to his own ceiving, conceal- 
use or gain, any money, property, record, voucher, or valuable thing V*£. <fcc -- stolen 
whatever, of the moneys, goods, chattels, records, or property of the t j^e ^xfnUe'd 
United States, which has theretofore been embezzled, stolen, or purloined states ; penalty, 
from the United States by any other x^erson, knowing the same to have 
been so embezzled, stolen, or purloined, such person shall, on conviction 
before the circuit or district court of the United States in the district 
wherein he may have such property, be punished by a fine not exceeding 
five thousand dollars, or imprisonment at hard labor in the penitentiary 
not exceeding five years, one or both, at the discretion of the court 
before which he shall be convicted; and such receiver may be tried May be tried 
either before or after the conviction of the principal felon, but if the before or after 
party has been convicted, then the judgment against him shall be con-^?^ 1 ^* 1011 
elusive evidence in the prosecution against such receiver that the prop- 
erty of the United States therein described has been embezzled, stolen, 
or purloined. 

Approved. March 3, 1875. 

FEEEDMEN. 

Sec. I Sec. 

2032. Certain acts continued in force. 2036. May invest the fund, and for what purpose. 



2037. Who to be deemed wife and children of col- 

ored soldiers. 

2038. Freedmen's Hospital in District of Colum- 

bia, continued, &c. 
Transfer from War to Interior Department. 



2033. Such laws to be enforced by Secretary of 

War. 

2034. Accounts for expenditures, &c, to be paid 

from what fund, and how. 

2035. Secretary of War appointed trustee of a re- 

tained-bounty fund, &c. 

Sec. 2032. All laws and parts of laws pertaining to the collection and Title 27. 
payment of bounty, prize-money, and other legitimate claims of colored (; erta i u ac + s 
soldiers, sailors, and marines, or their heirs, shall remain in force until C ont in ued in 
otherwise ordered by Congress. force. 

Sec. 2033. The Secretary of War is authorized to carry into effect all Such laws to be 
laws and parts of laws referred to in the preceding section, and to this enforced by Sec- 
end he may employ such clerical force as he deems necessary. retary of War. 

Sec. 2034. Where accounts have been rendered for necessary expend- Accounts for 
itures incurred for refugees or freedmen, under the sanction of the expenditures 
proper officers, but which cannot be settled for want of specific appro- f T ^ ^at fund 
priations, the same may be paid out of the fund for the relief of refugees and how. 
and freedmen, on the approval of the Secretary War. 

Sec. 2035. The Secretary of War is constituted the lawful custodian Secretary oi 
of a retained bounty fund, which has been derived from a portion of^ ar appointed 
the State bounties of certain colored soldiers enlisted in Virginia and tinned 6 bounty 
North Carolina, during the years 1864 and 1865, and which, by virtue f un d, <fcc. 
of General Orders No. 90, Department of Virginia and North Carolina, 
was held by the Superintendent of Freedmen's Affairs, but was turned 
over to the Bureau upon its organization; and the Secretary of War 
shall hold the fund as trustee for the benefit of such colored soldiers or 
their legal representatives, to whom the same shall be paid upon their 
application or discovery. 

Sec. 2036. The Secretary of War is empowered to invest the fund, or May invest the 
any portion thereof, in bonds of the United States, for the exclusive fu . ml > and for 
benefit of such colored soldiers or their legal representatives; but a at P u, 'P 08e - 
sufficient amount of the same in cash may be retained uninvested to 
meet all lawful claims thereupon that will probably be presented for 
payment. 



116 

Who to be Sec. 2037. In determining who is the wife or child of any colored 

deemed wife and go idi e r, within the meaning of this Title, evidence that the soldier and 

ored soldiers. the woman claimed to be his wife cohabited or associated as husband 

and wife, and so continued to cohabit or associate at the time of 

enlistment, or evidence that a form of marriage, whether such marriage 

was authorized or recognized by law or not, was entered into by them, 

and that the parties thereafter lived together as husband and wife, 

and so continued to live together at the time of the enlistment, shall 

be deemed sufficient proof of marriage ; and the children born of any 

such marriage shall be taken to be the children embraced within the 

provisions of this Title, whether such marriage was or was not dissolved 

at the time of the enlistment. 

Freedmenj's Sec. 2038. The Freedmen's Hospital and Asylum in the District of 

Hospital in Dis- Columbia is, until otherwise ordered by Congress, continued under the 

continued So. contro1 and supervision of the Secretary of War, who shall make all 

estimates, pass all accounts, and be responsible to the Treasury for all 

expenditures; but no part of any appropriation shall be used in support 

of, or to pay the expenses on account of, any person hereafter to be 

admitted to such Hospital and Asylum, unless persons removed thither 

from some other Government hospital. 

[From Sundry Civil Appropriation Act.] 

1874 Provided, That after June thirtieth, eighteen hundred and seventy-four, 

June o, 1— the Freedmen's Hospital in the District of Columbia shall, until other- 

To be under di- w j se ordered by Congress, be continued under the direction of the Sec- 
tarvof Interior 6 retary of the Interior, who shall make all estimates and pass all accounts, 
'Estimates and and shall be accountable to the Treasury of the United States for all 
accounts. expenditures ; and all property, including hospital and quartermaster's 

Transfer of stores, belonging to said hospital, and now in charge of the War De- 
property, partment, be also transferred to the Interior Department. 
Approved, June 23, 1874. 

FUEL FOR THE PUBLIC SERVICE. 



Sec. 

3711. Inspection of fuel in District of Columbia 
appointment of inspectors, &c. 



Sec. 

3712. Appointment of inspectors, &c, to be noti- 

fied to accounting officers. 

3713. No payment without certificates. 



Title 43. 



Sec. 3711. It shall not be lawful for any officer or person in the civil, 
Inspection f m i^* ar y> or nava l service of the United States in the District of Colum- 
fuel in District of bia to purchase anthracite or bituminous coal or wood for the public 
Columbia. service except on condition that the same shall, before delivery, be in- 

spected and weighed or measured by some competent person to be ap- 
pointed by the head of the Department or chief of the branch of the 
Appointment of service for which the purchase is made. The person so .appointed shall, 
inspectors, &c. ib e f or e entering upon the duty of inspector, weigher, and measurer, and 
to the satisfaction of the appointing officer, give bond, with not less 
than two sureties, in the penal sum of five thousand dollars, and with 
condition that each ton of coal weighed by him shall consist of two thou- 
sand two hundred and forty pounds, and that each cord of wood to be 
so measured shall be of the standard measure of one hundred and twen- 
ty-eight cubic feet. The inspector, weigher, and measurer so appointed 
shall be entitled to receive from the venders of fuel weighed and. meas- 
ured by him twenty cents for each ton of coal weighed, and nine cents 
for each cord of wood measured by him. Each load or parcel of wood 
or coal weighed or measured by him shall be accompanied by his cer- 
tificate of the number of tons or pounds of coal and the number of cords 
or parts of cords of wood in each load or parcel. 

Sec. 3712. The proper accounting officer of the Treasury shall be fur- 
nished with a copy of the appointment of each inspector, weigher, and 
measurer appointed under the preceding section. 

Sec. 3713. It shall not be lawful for any accounting officer to pass or 
allow to the credit of any disbursing officer in the District of Columbia 
any money paid by him for purchase of anthracite or bituminous coal 
or for wood, unless the voucher therefor is accompanied by a certificate 
of the proper inspector, weigher, and measurer that the quantity paid 
for has been determined by such officer. 



117 

FUEL FOR NAVY. 

See § 3728, Contracts. 

FURLOUGH AND FURLOUGH-PAY. 



Sec. 

1442. Placing on furlough. 

1557. Furlough-pay. 



Sec. 

1593. Officers retired on furlough-pay. 

1594. Transfer from furlough to retired pay. 



Sec. 1442. The Secretary of the Navy shall have authority to place on Title 15, Chap. 2. 
furlough any officer on the active list of the Navy. Placing on fur- 

lough. 

Sec. 1557. Officers on furlough shall receive only one-half of the pay Title 15, Chap. 8: 
to which they would have been entitled if on leave of absence. Furlough-pay. 

Sec. 1593. Officers placed on the retired list, on furlough pay, shall Officers retired 
receive only one-half of the pay to which they would have been entitled on U1 oug ' pay ' 
if on leave of absence on the active list. 

Sec. 1594. The President, by and with the advice aud consent of the f T 1 ran .^ er t from 
Senate, may transfer any officer on the retired list from the furlough to t i" e ^ a y > ° re " 
the retired-pay list. 

GUANO ISLANDS. 



Sec. 

5574. Restrictions upon exportation. 

5575. Regulation of guano trade. 

5576. Criminal jurisdiction. 

5577. Employment of land and naval forces. 

5578. Ris;ut to abandon island. 



Title 72. 



Sec. 

5570. Claim of United States to islands. 

5571. Notice of discovery, and proofs to be fur- 

nished. 

5572. Completion of proof in case of death of dis- 

coverer. 

5573. Exclusive privileges of discoverer. 

Sec. 5570. Whenever any citizen of the United States discovers a 
deposit of guano on any island, rock, or key, not within the lawful juris- claim of United 
diction of any other government, and not occupied by the citizens of any states to islands, 
other government, and takes peaceable possession thereof, and occupies 
the same, such island, rock, or key may, at the discretion of the Presi- 
dent, be considered as appertaining to the United States. 

Sec. 5571. The discoverer shall, as soon as practicable, give notice, Notice of dis- 
verified by affidavit, to the Department of State, of such discovery, oc- Roof's to ' be & fur- 
cupation, aud possession, describing the island, rock, or key, and the lat- nished. 
itude and longitude thereof, as near as may be, and showing that such 
possession was taken in the name of the United States; and shall fur- 
nish satisfactory evidence to the State Department that such island, 
rock, or key was not, at the time of the discovery thereof, or of the 
taking possession and occupation thereof by the claimants, in the pos- 
session or occupation of any other government or of the citizens of any 
other government, before the same shall be considered as appertaining 
to the United States. 

Sec. 5572. If the discoverer dies before perfecting proof of discovery Completion of 
or fully complying with the provisions of the preceding section, his proof in case of 
widow, heir, executor, or administrator, shall be entitled to the benefits dea t u of discov- 
of such discovery, upon complying with the provisions of this Title; but erer ' 
nothing herein shall be held to impair any rights of discovery or any 
assignment by a discoverer heretofore recognized by the United States. 

Sec. 5573. The discoverer, or his assigns, being citizens of the United Exclusive priv- 
States, may be allowed, at the pleasure of Congress, the exclusive right ileges of discov- 
of occupying such island, rocks, or keys, for the purpose of obtaining erer - 
guano, and of selling and delivering the same to citizens of the United 
States, to be used therein, and may be allowed to charge and receive for 
every ton thereof delivered alongside a vessel, in proper tubs, within 
reach of ship's tackle, a sum not exceeding eight dollars per ton for the 
best quality, or four dollars for every ton taken while in its native place 
of deposit. 

Sec. 5574. Xo guano shall be taken from any such island, rock, or key, Restrictions 
except for the use of the citizens of the United States, or of persons res- upon exportation. 
ident therein. The discoverer, or his widow, heir, executor, administra- 
tor, or assigns, shall enter into bond, in such penalty and with such sure- 
ties as may be required by the President, to deliver the guano to citi- 
zens of the United States, for the purpose of being used therein, and to 
none others, and at the price i>rescribed, and to provide all necessary 



118 



facilities far that pirpise witliiu a time to be fixed in the bond ; and 
any breach of the provisions thereof shall be deemed a forfeiture of all 
rights accruing under and by virtue of this Title. This section shall, 
however, be suspended in relation to all persons who have complied 
with the provisions of this Title, for five years from and after the four- 
teenth day of July, eighteen hundred and seventy-two. 
o f Sec. 5575. The introduction of guano from such islands, rocks, or keys, 
shall be regulated as in the coasting-trade between different parts of 
the United States, and the same laws shall govern the vessels concerned 
therein. 

Sec. 5576. All acts done, and offenses or crimes committed, on any such 
island, rock, or key, by persons who may land thereon, or in the waters 
adjacent thereto, shall be deemed committed on the high seas, on board 
a merchant-ship or vessel belonging to the United States; and shall be 
punished according to the laws of the United States relating to such 
ships or vessels and offenses on the high seas, which laws for the pur- 
pose aforesaid are extended over such islands, rocks, and keys. 
Employment of Sec. 5577. The President is authorized, at his discretion, to* employ the 

land and naval ] a nd and naval forces of the United States to protect the rights of the 
discoverer or of his widow, heir, executor, administrator, or assigns. 
Eight to aban- Sec. 5578. Nothing in this Title contained shall be construed as oblig- 

don islands. j n g ^ e United States to retain possession of the islands, rocks, or keys, 

after the guano shall have been removed from the same. 



Regulation 
guano trade. 



Criminal iuris 
diction. 



GUNNERS, 

See Warrant Officers. 

GUNPOWDER, SALTPETER, &o. 



Sec. 

2962. Deposit in public warehouse. 

2975. Sale of, deposited in bonded warehouse. 

3026. Drawback on foreign saltpeter. 

3721. Purchase without advertisement. 



Sec. 

4288. Shipping-vessels. 

4422. License to carry. 

4424. Carrying contrary to law. 

4475. Mode of packing. 



Title 34, Chap. 7. Sec. 2962. Any merchandise subject to duty, with the exception of 

perishable articles, also guupowder, and other explosive substances, 

Deposit of mer- exce pt fire-crackers, which shall have been duly entered and bonded for 

tioiTof S owner. ° P warehousing, in conformity with existing laws, may be deposited, at 
the option of the owner, importer, consignee, or agent, at his expense 
and risk, in any public warehouse owned or leased by the United States, 
or in the private warehouse of the importer, the same being used ex- 
clusively for the storage of warehoused merchandise of his own impor- 
tation or to his consignment, or in a private warehouse used by the 
owner, occupant, or lessee, as a general warehouse for the storage of 
warehoused merchandise; such place of storage to be designated on 
the warehouse-entry at the time of entering such merchandise at the 
custom-house. 
Sec. 2975. All merchandise of a perishable nature, and all gunpowder 
Sale of rjerish an( ^ explosive substances, except tire-crackers, deposited in any public 

able articles. or private bonded warehouse, shall be sold forthwith. 



Title 34, Chap. 9. Sec. 3026. There shall be a drawback on foreign saltpeter, mannfac- 

tured into gunpowder in the United States and exported therefrom, 

Drawback on e q ua i i n amount to the duty paid on the foreign saltpeter from which 
gunpow er. ^ shall be manufactured, to be ascertained under such regulations as 

shall be prescribed by the Secretary of the Treasury, and no more. The 
word "saltpeter" as used in this section shall be construed to mean the 
element of niter, so used, whether it be the nitrate of potash or the 
nitrate of soda. Ten per centum on the amount of drawbacks so al- 
lowed shall, however, be retained for the use of the United States by 
the collectors paying such drawbacks respectively. 

Tide 43. Sec. 3721. The provisions which require that supplies shall be pur- 

Pur ch ases chased by the Secretary of the Navy from the lowest bidder, after ad- 

without adver- vertiseraent, shall not apply to ordnance, gunpowder, or medicines, or 

tisements. ^e 8n ppij es w hich it may be necessary to purchase out of the United 

States for vessels on foreign stations. * * [See § 3721, Contracts.] 



119 

Sec. 4288. Any person shipping oil of vitriol, unslaked lime, inflamma- Title 4?, Chap. 6.. 
ble matches, or gunpowder, iu a vessel taking cargo for clivers persons ^7^ : . 
on freight, without delivering, at the time of shipment, a note in writing, flammable mate- 
expressing the nature and character of such merchandise, to the master, rials. 
mate, officer, or person iu charge of the lading of the vessel, shall be 
liable to the United States iu a penalty of one thousand dollars. Bat 
this section shall not apply to any vessel of any description whatsoever 
used in rivers or inland navigation. 

Sec. 44"22. Upon the application of any master or owner of any steam- Title 52, Chap. 1. 

vessel employed iu the carriage of passengers, for a license to carry — ~ — — 

gunpowder, the local inspectors shall examine such vessel, and if they sp ectors to carry 
tind that she is provided with a chest or safe composed of metal, or en- gunpowder, 
tirely lined and sheathed therewith, or if the vessel has one or more 
compartments thoroughly lined and sheathed with metal, at a secure 
distance from any fire, they may grant a certificate to that effect, au- 
thorizing such vessel to carry as freight within such chest, safes, or 
compartments, the article of gunpowder. 

Skc. 4424. Whenever any passenger is received on board any steam- Penalty for car- 
vessel not having the certified copies of the certificate of approval T J in £ passengers 
placed and kept as required by this Title, or whenever any passenger contfary^o law 3 . 1 ' 
steam-vessel receives or carries any gunpowder on board, not having a 
certificate authorizing the same, aud a certified copy thereof placed and 
kept as required, or shall carry any guupowder at a place or in a man- 
ner not authorized by such certificate, snch steam-vessel shall be liable 
to a peualty of one hundred dollars for each offense. 

Sec. 4475. All gunpowder, nitro-glycerine, camphene, naphtha, benzine, Title 52, Chap. 2. 
benzole, coal-oil, crude or refined petroleum, oil of vitriol, nitric or ^ , , ~T 
other chemical acids, oil or spirits of turpentine, friction-matches, and j D g dangerous 
all other articles of like character, when packed or put up for shipment, articles. 
shall be securely packed and put up separately from each other and 
from all other articles ; and the package, box, cask, or other vessel con- 
taining the same shall be distinctly marked on the outside, with the 
name or description of the article contained therein. 

HABEAS COEPUS. 



S*c. 

751. Power of courts to issue writs of habeas cor- 

pus. 

752. Power of judges to grant writs of habeas cor- 

pus. 

753. Writs of habeas corpus when prisoner is in 

jail. 

754. Application for the Tvrit of habeas corpus. 

755. Allowance and direction of the writ. 



Sec. 

7G0. Denial of return, counter-allegations, amend- 
ments. 

761. Summary hearing ; disposition of party. 

762. In cases'involving the law of nations, notice 

to he served on State attorney-general. 

763. Appeals in cases of habeas corpus to circuit 

court. 

764. Appeal to Supreme Court. 



75G. Time of return. j 765. Appeals, how taken. 

75".. Porrn of return. i 766. Pending proceedings in certain cases, action 

758. Body of the party to he produced. hy State authority void. 

759. Day for hearing. 

Sec. 751. The Supreme Court and the circuit and district courts shall 
have power to issue writs of habeas corpus. 

. 752. The several justices and judges of the said courts, within Title 13, Chap. 13. 
their respective jurisdictions, shall have power to grant writs of p owe r of judges 
habeas corpus for the purpose of au inquiry into the cause of restraint to grant writs'of 
of liberty. habeas corpus. 

Sec. 753. The writ of habeas corpus shall in no case extend to a pris- Writ of habeas 
oner in jail, unless where he is in custody under or by color of the au- corpus when pris - 
thority of the United States, or is committed for trial before some court oner 1S m jai ' 
thereof; or is in custody for an act done or omitted in pursuance of a 
law of the United States, or of an order, process, or decree of a court 
or judge thereof; or is in custody in violation of the Constitution or 
of a law or treaty of the United States; or, being a subject or citizen of 
a foreign state, and domiciled therein, is in custody for an act done or 
omitted under any alleged right, title, authority, privilege, protection, 
or exemption claimed under the commission, or order, or sanction of 
any foreign state, or under color thereof, the validity and effect whereof 
depend upon the law of nations; or unless it is necessary to bring the 
prisoner into court to testify. 



120 

Application for Sec. 754. Application for a writ of habeas corpus shall be made to the 
cora«s lt0t habeas court or justice, or judge authorized to issue the same, by complaiut 
p in writing, signed by the person for whose relief it is intended, setting 

forth the facts concerning the detention of the party restrained, in whose 
custody he is detained, and by virtue of what claim or authority, if 
known. The facts set forth in the complaint shall be verified by the 
oath of the person making the application. 
Allowance and Sec. 755. The court, or justice, or judge to whom such application is 
direction ot the ma( j e shall forthwith award a writ of habeas corpus, unless it appears 
from the petition itself that the party is not entitled thereto. The writ 
shall be directed to the person in whose custody the party is detained. 
Time of return. Sec. 756. Any person to whom such writ is directed shall make due 
return thereof within three days thereafter, unless the party be detained 
beyond the distance of twenty miles ; and if beyond that distance and 
not beyond a distance of a hundred miles, within ten days ; and if be- 
yond the distance of a hundred miles, within twenty days. 
Torm of return. Sec. 757. The person to whom the writ is directed shall certify to the 
court, or justice, or judge before whom it is returnable the true cause of 
the detention of such party. 
Body <?f the g ECi 75g t 'phg p erson making the return shall at the same time bring 
duced. ° 6 Pr ° tne body °f tue party before the judge who granted the writ. 

Day for hear- Sec. 759. When the writ is returned, a day shall be set for the hearing 
ing. of the cause, not exceeding five days thereafter, unless the party peti- 

tioning requests a longer time. 
Denial of re- Sec. 760. The petitioner or the party imprisoned or restrained may 
turn, counter -al- deny any of the facts set forth in the return, or may allege any other 
mtnts° nS ' amend "facts that may be material in the case. Said denials or allegations 
shall be under oath. The return and all suggestions made against it 
may be amended, by leave of the court, or justice, or judge, before or 
after the same are filed, so that thereby the material facts may be ascer- 
tained. 
Summary hear- Sec. 761. The court, or justice, or judge shall proceed in a summary 
ing ; disposition way to determiue the facts of the case, by hearing the testimony and 
of party. arguments, and thereupon to dispose of the party as law and justice 

require. 
In cases in- Sec. 762. When a writ of habeas corpus is issued in the case of any 
volving the law prisoner who, being a subject or citizen of a foreign state and domiciled 
of nations, notice therein, is committed, or confined, or in custody, by or under the author- 
State S attoine°y^ ^7 or ^ aw °f an y one °f * ae United States, or process founded thereon, 
general. on account of any act done or omitted under any alleged right, title, 

authority, privilege, protection, or exemption, claimed under the com- 
mission or order or sanction of any foreign state, or Under color thereof, 
the validity and effect whereof depend upon the law of nations, notice 
of the said proceeding, to be prescribed by the court, or justice, or judge 
at the time of granting said writ, shall be served on the attorney-gen- 
eral or other officer prosecuting the pleas of said State, and due proof 
of such service shall be made to the court, or justice, or judge before the 
hearing. 
Appeals in Sec. 763. From the final decision of any court, justice, or judge inferior 
cases of habeas to the circuit court, upon an application for a writ of habeas corpus or 
corpus to circuit U p 0n guch wr |t when issued, an appeal may be taken to the circuit court 
for the district in which the cause is heard : 

1. In the case of any person alleged to be restrained of his liberty in 
violation of the Constitution, or of any law or treaty of the United 
States. 

2. In the case of any prisoner who, being a subject or citizen of a for- 
eign state, and domiciled therein, is committed or confined, or in custody 
by or under the authority or law of the United States, or of any State, 
or process founded thereon, for or on account of any act done or omit- 
ted under any alleged right, title, authority, privilege, protection, or ex- 
emption, set up or claimed under the commission, order, or sanction of 
any foreign state or sovereignty, the validity and effect whereof depend 
upon the law of nations, or under color thereof. 

Appeal to Su- Sec. 764. From the final decision of such circuit court an appeal may 
prjnie Court. be taken to the Supreme Court in the cases described in the last clause 
of the preceding section. 
Appeals, how Sec. 765. The appeals allowed by the two preceding sections shall be 
taken. taken on such terms, and under such regulations and orders, as well for 

the custody and appearance of the person alleged to be in prison or con- 
fined or restrained of his liberty, as for sending up to the appellate tri- 



121 

buual a transcript of the petition, writ of habeas corpus, return thereto, 
and other proceedings, as may be prescribed by the Supreme Court, or, 
in default thereof, by the court or judge hearing the cause. 

Sec. 766. Pending the proceedings or appeal in the cases mentioned ce ^i^s"in P cer- 
in the three preceding sections, and until final judgment therein, and ta i n cases, action 
after final judgmeut of discharge, auy proceeding against the person so by State author- 
imprisoned or confined or restrained of his liberty, in any State court, or ity void, 
by or under the authority of any State, for auy matter so heard and de- 
termined, or in process of being heard and determined, under such writ 
of habeas corpus, shall be deemed null and void. 

HAZING. 

CHIP, 433.— An act to prevent hazing at the Xaval Academy. 

Be it enacted by the Senate and Rouse of Representatives of the United Julie 23 » !8 ' 4, 
States of America in Congress assembled, That in all cases when it shall Hazing at Na- 
come to the knowledge of the superintendent of the Naval Academy, val Academy, 
at Annapolis, that auy cadet-midshipman or cadet-engineer has been 
guilty of the offense commonly known as hazing, it shall be the duty of 
said superintendent to order a court-martial, composed of not less than Offenders to be 
three commissioned officers, who shall minutely examine into all the court-martialed, 
facts and circumstances of the case and make a finding thereon ; and 
any cadet-midshipman or cadet engineer found guilty of said offeuse by Cadet found 
said court shall, upon recommendation of said court be dismissed ; and guilty to be dis- 
such finding, when approved by said superintendent, shall be final ; mi ^ e ^ e f orever 
and the cadet so dismissed from said Naval Academy shall be forever ineligible to re- 
ineligible to re-appointment to said Naval Academy. appointment. 

Approved, June 23, 1S74. 

HOLIDAYS. 

AX ACT making the first day of January, the twenty-fifth day of December, the 
fourth day of July, and thanksgiving day, holidays within the District of Colum- 
bia. 

Be it enacted by the Senate and House of Representatives of the United Jttne 2S » 18 '° 
States of America in Congress assembled, That the following days, to First January, 
wit: The first day of January, commonly called New Year's day, the c^riVtm as 
fourth day of July, the twenty-fifth day of December, commonly called Thanksgiving. ' 
Christmas day, and auy day appointed or recommended by the Presi- 
dent of the United States as a day of public fast or thanksgiving, shall 
be holidays within the District of Columbia, and shall, for all purposes 
of presenting for payment or acceptance for the maturity and protest, 
and giving notice of the dishonor of bills of exchange, bank checks, 
and promissory notes or other negotiable or commercial paper, be treated 
and considered as is the first day of the week, commonly called Sunday, 
and all notes, drafts, checks, or other commercial or negotiable paper 
falling due or maturing on either of said holidays shall be deemed as 
having matured on the day previous. 

Approved, June 28, 1870. 

HOMESTEADS. 



2289. Whomay enter certain unappropriated pub- 
lic lands, 
-2-2ft0. Mode of procedure. 

2291. Certificate and patent, when given and is- 

sued. 

2292. When rights inure to the benefit of infant 

children. 



Sec. 

2301. Payment before expiration of five years, 

rights of applicant. 

2302. ~No distinction on account of race or color, &c. 

2303. "What lands disposed of only as homesteads. 

2304. Soldiers' and sailors' homestead. 

2305. Deduction of military and naval service from 

time, <fec. 



2293. Persons in military or naval service, when ! 2306. Persons who have entered less than 160 acres, 

and before -whom to make affidavit. rights of. 

2296. Homestead lands not to be subject to prior 2307. Widows and minor children of persons enti- 

debts. tied to homestead, &c. 

.'hen lands entered for homesteads revert | 2308. Actual service in the Army or Navy equiva- 



lent to residence, &.c. 
230D. Who may enter by agent. 
2317. Cultivation of trees on homestead tracts. 



to Government. 

Limitation of amount entered forhomestead. 
2300. What minors may have the privileges of 
this chapter. 

Bec. 2289. Every person who is the head of a family, or who has arrived Title 32, Chap. 5. 

at the age of twenty-one years, and is a citizen of the United States, ~\y no ma „ enter 
or who has bled his declaration of intention to become such, as required certain unappro- 
by the naturalization laws, shall be entitled to enter one quarter-section priated lands. 
or a less quantity of unappropriated public lands, upon which such per- 



122 

son may have filed a pre-emption claim, or which may. at the time the 
application is made, be snbject to pre-emption at one dollar and twenty- 
five cents per acre ; or eighty acres or less of such unappropriated lands, 
at two dollars and fifty cents per acre, to be located in a body, in con- 
formity to the legal subdivisions of the public lands, and after the same 
have been surveyed. Aud every person owning and residing on land 
may, under the provisions of this section, enter other land lying con- 
tiguous to his land, which shall not, with the land so already owned 
and occupied, exceed in the aggregate one hundred and sixty acres. 
Mode of pro- Sec. 2290. The person applying for the benefit of the preceding section 
ce re. shall, upon application to the register of the land-office in which he is 

about to make such entry, make affidavit before the register or receiver 
that he is the head of a family, or is twenty-one years or more of age, or 
has performed service in the Army or Navy of the United States, and 
that such application is made for his exclusive use aud benefit, and 
that his entry is made for the purpose of actual settlement and cultiva- 
tion, and not either directly or indirectly for the use or benefit of any 
other person ; and upon filing such affidavit with the register or receiver, 
on paymeut of five dollars when the entry is of not more than eighty 
acres, and on payment of ten dollars when the entry is for more than 
eighty acres, he shall thereupon be permitted to enter the amount of 
land specified. 
Certificate and Sec. 2291. No certificate, however, shall be given, or patent issued 
P i at n "qi^^ 6 J 1 therefor, until the expiration of five years from the date of such entry ; 
giv an is u . aiQ( j .^ at t k e expiration of such time, or at any time within two years 
thereafter, the person making such entry ; or if he be dead, his widow ; 
or in case of her death, his heirs or devisee ; or in case of a widow mak- 
ing such entry, her heirs or devisee, in case of her death, proves by two 
credible witnesses that he, she, or they have resided upon or cultivated 
the same for the term of five years immediately succeeding the time of 
filing the affidavit, and makes affidavit that no part of such land has 
been alienated, except as provided in section twenty-two hundred and 
eighty-eight,* and that he, she, or they will bear true allegiance to the 
Government of the United States ; then, in such case, he, she, or they, 
if at that time citizens of the United States, shall be entitled to a patent, 
as in other cases provided by law. 
When rights Sec. 2292. In case of the death of both father and mother, leaving an 
i ^ r< l* J' ll< ? k } eu ' infant child or children under twenty-one years of age, the right and 
dren. in an c fee shall inure to the benefit of such infant child or children ; and the 
executor, administrator, or guardian may, at any time within two years 
after the death of the surviving parent, aud in accordance with the laws 
of the State in which such children, for the time being, have their dom- 
icile, sell the land for the benefit of such infants, but for no other pur- 
pose ; and the purchaser shall acquire the absolute title by the purchase, 
and be entitled to a patent from the United States on the payment of 
the office-fees and sum of money above specified. 
Persons in mili- Sec. 2293. In case of any person desirous of availing himself of the 
tary or n a v al benefits of this chapter; but who, by reason of actual service in the 
anc^before^whom military or naval service of the United States, is unable to do the per- 
to make affidavit, sonal preliminary acts at the district land-office which the preceding 
sections require; and whose family, or some member thereof, is residing 
on the land which he desires to enter, and upon w r hich a bona-fide im- 
provement and settlement have been made, such person may make the 
affidavit required by law before the officer commanding in the branch 
of the service in which the party is eugaged, which affidavit shall be as 
binding in law, and with like penalties, as if taken before the register 
or receiver ; and upon such affidavit being filed with the register by the 
wife or other representative of the party, the same shall become effect- 
ive from the date of such filing, provided the application and affidavit 
are accompanied by the fee and commissions as required by law. 
Homestead Sec. 2296. No lands acquired under the provisions of this chapter 
lands not to be shall in any event become liable to the satisfaction of any debt con- 
subject to prior tracted prior to the issuing of the patent therefor. 

When lands en- Sec. 2297. If, at any time after the filing of the affidavit, as required 

tered for home- in section twenty-two hundred and ninety, and before the expiration of 

stead revert to ^e five years mentioned in section twenty-two hundred and ninety-one, 

overnmen . ^ . g p rovec ^ a ft er a ae notice to the settler, to the satisfaction of the 

register of the land-office, that the person having filnd such affidavit 

has actually changed his residence, or abandoned the land for more 

* Transferred for church, cemetery, or school purposes, or for right of way of railroads. 



122 

than six months at any time, then and iu that event the land so entered 
shall revert to the Government. 

Sec. 2298. No person shall he permitted to acquire title to more than Limitation of 
one quarter-section under the provisions of this chapter. Jot homestead. 

Sec. 2300. No person who has served, or may hereafter serve, for a What minors 
period not less than fourteen days in the Army or Navy of the United may have Q e 
States, either regular or volunteer, under the laws thereof, during the chaptef. 6S ° 1S 
existence of an actual war, domestic or foreign, shall he deprived of the 
benefits of this chapter on account of not having attained the age of 
twenty-one years. 

Sec' 2301. Nothing in this chapter shall be so construed as to prevent Payment before 
any person who has availed himself of the benefits of section twenty- y^g^JSrhts of 
two hundred and eighty-nine, from paying the minimum price for the applicant? 
quantity of land so entered, at any time before the expiration of the 
five years, and obtaining a patent therefor from the Government, as in 
other cases directed by law, on making proof of settlement and cultiva- 
tion as provided by law, granting pre-emption rights. 

Sec. 2302. No distinction shall be made in the construction or execu- ^° distinction 
tion of this chapter, on account of race or color ; nor shall any mineral race'or color &.c 
lands be liable to entry and settlement under its provisions. ._ _ ' 

Sec. 2303. All the public lands in the States of Alabama, Mississippi, What lands dis- 
Louisiaua, Arkansas, and Florida, shall be disposed of in no other man- P ose( l of only as 
ner than according to the terms and stipulations contained in the pre- - ? 168 ea s -*a@? 
ceding provisions of this chapter. 

Sec. 2304. Every private soldier and officer who has served in the Soldiers' and 
Army of the United States during the recent rebellion, for ninety days, sailors' home- 
and who was honorably discharged, and has remained loyal to the Gov- s eac ' 
eminent, includiug the troops mustered into the service of the United 
States by virtue of the third section of an act approved February thir- 
teen, eighteen hundred and sixty-two, and every seaman, marine, and 
officer who has served in the Navy of the United States, or in the Marine 
Corps, during the rebellion, for ninety days, and who was honorably dis- 
charged, and has remained loyal to the Government, shall, on compli- 
ance with the provisions of this chapter, as hereinafter modified, be en- 
titled to enter upon aud receive patents for a quantity of public lands 
not exceeding one hundred and sixty acres, or one quarter-section, to be 
taken in compact form, according to legal subdivisions, including the 
alternate reserved sections of public lands along the line of any railroad 
or other public work, not otherwise reserved or appropriated, and other 
lands subject to entry under the homestead laws of the United States; 
but such homestead settler shall be allowed six months after locating 
his homestead, and filing his declaratory statement, within which to 
make his entry and commence his settlement and improvement. 

Sec. 2305. The time which the homestead settler has served in the Deduction ot 
Army, Navy, or Marine Corps shall be deducted from the time hereto- military and na- 
fore required to perfect title, or if discharged on account of wounds re- ^me^&c! 06 r ° m 
ceived or disability incurred in the line of duty, then the term of enlist- 
ment shall be deducted from the time heretofore required to perfect title, 
without reference to the length of time he may have served; but no 
patent shall issue to any homestead settler who has not resided upon, 
improved, and cultivated his homestead for a period of at least one year 
after he shall have commenced his improvements. 

Sec. 2306. Every person entitled, under the provisions of section Persons who 
twenty-three hundred and four, to enter a homestead who may have |V* ve entered less 
heretofore entered, under the homestead laws, a quantity of laud less rights of. ' 

than one hundred aud sixty acres, shall be permitted to enter so much 
land as, when added to the quantity previously entered, shall not exceed 
one hundred and sixty acres. 

Sec. 2307. In case of the death of any person who would be entitled Widow and mi- 
to a homestead under the provisions of section twenty-three hundred JeJsons [ eiitrtled 
and four, his widow, if unmarried, or in case of her death or marriage, to homestead, &,c. 
then his minor orphan children, by a guardian duly appointed and offi- 
cially accredited at the Department of the Interior, sball be entitled to 
all the benefits enumerated in this chapter, subject to all the provisions 
as to settlement and improvements therein contained; but if such per- 
son died during his term of enlistment, the whole term of his enlistment 
sball be deducted from the time heretofore required to perfect the title. 

2308. Where a party at the date of his entry of a tract of land in A ^ x ^^ xico 
under the homestead laws, or subsequently thereto, was actually en 7 Kavy 6 equiv*Sent 
listed and employed in the Army or Navy of the United States, his to residence, &c. 



124 



services therein shall, in the administration of such homestead laws, be 
construed to be equivalent, to all intents and purposes, to a residence 
for the same length of time upon the tract so entered. And if his entry 
has been canceled by reason of his absence from such tract while in the 
military or naval service of the United States, and such tract has not 
been disposed of, his entry shall be restored; but if such tract has been 
disposed of, the party may enter another tract subject to entry under the 
homestead laws, and his right to a patent therefor may be determined 
by the proofs touching his residence and cultivation of the first tract 
and his absence therefrom in such service. 

b W ^°nt ay 6nter ^ EC- %309. Every soldier, sailor, marine, officer, or other person coming 
y agen . within the provisions of section twenty-three hundred and four, may, as 

well by an agent as in person, enter upon such homestead by filing a 
declaratory statement, as in pre-emption cases; but such claimant in 
person shall within the time prescribed make his actual entry, commence 
settlements and improvements on the same, and thereafter fulfill all the. 
requirements of law. 
Cultivation of Sec. 2317. Every person having a homestead on the public domain, 

t™M.T.Mi:^ om6 " un ^ er * ne provisions of this chapter, who, at the end of the third year 
of his residence thereon, shall have had under cultivation, for two years, 
one acre of timber, the trees thereon not being more than twelve feet 
apart each way, and in a good, thrifty condition, for each and every 
sixteen acres of such homestead, shall, upon due proof of the fact by 
two credible witnesses, receive his patent for such homestead. 



stead]tracts. 



HYDBOGKAPHIC OFFICE. 



Sec. 

431. Establishment of office. 

432. Maps, charts, &c. 



Sec. 
433. Money received from sale. 
3686. Foreign hydrographic surveys. 



Maps 
&c. 



Sec. 431. There shall be a Hydrographic Office attached to the Bureau 
■ ^ rr - of Navigation in the Navy Department, for the improvement of the means 

Office. I0grap 1 C for navigating safely the vessels of the Navy and of the mercantile ma- 
rine, by providing, under the authority of the Secretary of the Navy, ac- 
curate and cheap nautical charts, sailing directions, navigators, and man- 
uals of instructions for the use of all vessels of the United States, and 
for the benefit and use of navigators generally, 
charts, Sec. 432. The Secretary of the Navy is authorized to cause to be pre- 
pared, at the Hydrographic Office attached to the Bureau of Navigation 
in the Navy Department, maps, charts, and nautical books relating to 
and required in navigation, and to publish and furnish them to naviga- 
tors at the cost of printing and paper, and to purchase the plates and 
copyrights of such existing maps, charts, navigators, sailing directions 
and instructions, as he may consider necessary, and when he may deem 
it expedient to do so, and under such regulations and instructions as he 
may prescribe. 
Moneyreceived Sec. 433. All moneys which may be received from the sale of maps, 
from sales of charts, and nautical books shall be returned by the Secretary of the Navy 
maps, charts, &c. into tlie Treasury of the United States, to be used in the further prepara- 
tion and publication of maps, charts, uavigators, sailing directions, and 
instructions for the use of seamen, to be sold at the rates as set forth in 
the preceding section, 



Sec. 3686. All appropriations made for the preparation or publication 
— - — : — r— : — of foreign hydrographic surveys shall only be applicable to their object 
grapnic^rveys" u P on the approval by the Secretary of the Navy, after a report from three 
competent naval officers, to the effect that the original data for proposed 
charts are such as to justify their publication ; and it is hereby made the 
duty of the Secretary of the Navy to order a board of three naval officers 
to examine and report upon the data, before he shall approve of any 
application of money to the preparation or publication of such charts or 
hydrographic surveys. 



125 
IMMIGRATION. 



Sec. 

2153. Cooly-tratle prohibited. 

2159. Vessels employed, in cooly-trade shall be 

forfeited. 

2160. Building vessels to engage in cooly-trade, 

bow punished. 
21C1. Punishment for violation of section 2158. 



Sec. 

2162. This Title not to interfere with voluntary 

emigration. 

2163. Examination of vessels. 

2164. No charge upon particular persons immigrat- 

ing, <fcc. 
Supplementary act. 



Building ves- 

ls to engage in 

cooly-trade, how 



Punishment for 



Sec. 2158. Xo citizen of the United States, or foreigner coming into or Title 29, 
residing within the same, shall, for himself or for anyother person, either Cool . t r a a e 
as master, factor, owner, or otherwise, build, equip, load, or otherwise prohibited, 
prepare, any vessel, registered, eurolled, or licensed, in the United States, 
for the purpose of procuring from any port or place the subjects of China, 
Japan, or of any other oriental country, known as "coolies," to he trans- 
ported to any foreign port, or place, to he disposed of, or sold, or trans- 
ferred, for any time, as servants or apprentices, or to be held to service 
or labor. 

Sec. 2159. If any vessel, belonging. iu whole or iu part to a citizen of vessels em - 
the United States, and registered, enrolled, or otherwise licensed therein, t^ade sl^allVe 
be employed in the " cooly-trade," so called, contrary to the provisions forfeited. 
of the preceding section, such vessel, her tackle, apparel, furniture, and 
other appurtenances, shall be forfeited to the United States, and shall be 
liable to be seized, prosecuted, and condemned in any of the circuit courts 
or district courts of the United States for the district where the vessel 
may be found, seized, or carried. 

Sec. 2160. Every person who so builds, fits out, equips, loads, or other- 
wise prepares, or who sends to sea, or navigates, as owner, master, factor, 
agent, or otherwise, any vessel, belonging in whole or in part to a citi- punished 
zen of the United States, or registered, enrolled, or licensed within the 
same, knowing or intending that such vessel is to be ormay be employed 
iu that trade, contrary to the provisions of section twenty-one hundred 
and fifty-eight, shall be liable to a fine not exceeding two thousand dol- 
lars, and be imprisoned not exceeding one year. 

Sec. 2161. Every citizen of the United States who, contrary to the pro 
visions of section twenty-one hundred and fifty-eight, takes on board of y. iola *!ro of sec " 
any vessel, or receives or transports any such subjects as are described 
in that section, for the purpose of disposing of them in auy way as therein 
prohibited, shall be liable to a fine not exceeding two thousand dollars 
and be imprisoned not exceeding one year. 

Sec. 2162. Nothing herein contained shall be deemed to apply to any This Title not 
voluntary emigration of the subjects specified in section twenty-one hun- yVuntary^e m i - 
dred and fifty-eight, or to any vessel carrying such person as passenger gration. 
on board the same, but a certificate shall be prepared, and signed by the " 
consul or consular agent of the United States residing at the port from 
which such vessel may take her departure, containing the name of such 
person, and setting forth the fact of his voluntary emigration from such 
port, which certificate shall be given to the master of such vessel; and 
the same shall not be given until such consul or consular agent is first 
personally satisfied by evidence of the truth of the facts therein con- 
tained. 

Sec. 2163. The President is empowered, in such way and at such time Esaminati on 
as he may judge proper, to direct the vessels of the United States, and of vessels. 
the masters and commanders thereof, to examine all vessels navigated or 
owned in whole or iu part by citizens of the United States, and regis- 
tered, enrolled, or licensed under the laws thereof, whenever, in the judg- 
ment of such master or commanding officer, reasonable cause exists to 
believe that such vessel has on board any subjects of China, Japan, or No charge upon 

other oriental country, known as "coolies;" and. upon sufficient proof particu * av PJLV 
., , , ,. ■ 77 1 ,. •!,- /.' ,! l -,. . . x , sons mimigrat- 

that such vessel is employed in violation of the preceding provisions, to in& &c . 

cause her to be carried, with her officers and crew, into any port or dis- 
trict within the United States, and delivered to the marshal of such dis- 
trict, to be held and disposed of according to law. 

Sec. 2164. No tax or charge shall be imposed or enforced by auy State 
upon any person immigrating thereto from a foreign country, which is 
not equally imposed and enforced upon every person immigrating to 
such State from any other foreign (jountry. 



126 

CHAP. 141. — An act supplementary to the acts in relation to immigration. 

arch 3, 1S75. j$ e $f enacted oy the Senate and House of Representatives of the United 
Inquiry by con- States of America in Congress assembled, That in determining whether the 
sular officer as to immigration of any subject of China, Japan, or any Oriental country, 
contract of immi- to the United States, is free and voluntary, as provided bv section two 
oTjamn°for sevv- thousand one hundred and sixty-two of the Revised Code,"title " Immi- 
ice tor immoral gration," it shall be the duty of the consul-general or consul of the 
purposes.* United States residing at the port from which it is proposed to convey 

such subjects, in any vessels enrolled or licensed in the United States, 
or any port within the same, before delivering to the masters of any 
Conditions of such vessels the permit or certificate provided for in such section, to 
certificate. ascertain whether such immigrant has entered into a contract or agree- 

R. S., 2162, p. 378. me nt for a term of service within the United States, for lewd and im- 
moral purposes ; and if there be such contract or agreement, the said 
consul-general or consul shall not deliver the required permit or certi- 
ficate. 
Citizen of Uni- Sec. 2. That if any citizen of the United States, or other person 
ted States trans- amenable to the laws of the United States, shall take, or cause to be 
of r chma & ov J Ja- taken or transported, to or from the United States any subject of China, 
pan without free Japan, or any Oriental country, without their free and voluntary con- 
consent, sent, for the purpose of holding them to a term of service, such citizen 
or other person shall be liable to be indicted therefor, and, on conviction 
Penalty. of such offense, shall be punished by a fine not exceeding two thousand 
Contract for dollars and be imprisoned not exceeding one year; and all contracts 
service void. and agreements for a term of service of such persons in the United 
States, whether made in advance or in pursuance of such illegal impor- 
tation, and whether such importation shall have been in American or 
other vessels, are hereby declared void. 
Importation of Sec. 3. That the importation into the United States of women for the 
women for pur- purposes of prostitution is hereby forbidden ; and all contracts and 
poses of prostitu- agreements in relation thereto, made in advance or in pursuance of such 
11 Contract void ^l e » a l importation and purposes, are hereby declared, void ; and who- 
ever shall knowingly and willfully import, or cause any importation of, 
women into the United States for the purposes of prostitution, or shall 
knowingly or willfully hold, or attempt to hold, any woman to such pur- 
poses, in pursuance of such illegal importation and contract or agree- 
Penalty. ment, shall be deemed guilty of a felony, and, on conviction thereof, 
shall be imprisoned not exceeding five years and pay a fine not exceed- 
ing five thousand dollars. 
Contracting to Sec. 4. That if any person shall knowingly and willfully contract, or 
supply labor of attempt to contract, in advance or in pursuance of such illegal importa- 
cooly in violation tion, to supply to another the labor of any cooly or other person brought 
ot secti o n 2L58 j nto j. Qe Tjmted States in violation of section two thousand one hundred 
Kevisea -statutes. and fifty _ eight of the Revised Statutes, or of any other section of the 
laws prohibiting the cooly-trade or of this act, such person shall be 
deemed guilty of a felony, and, upon conviction thereof, in any United 
Penalty. States court, "shall be fined in a sum not exceeding five hundred dollars 

and imprisoned for a term not exceeding one year. 

Immigration of Sec. 5. That it shall be unlawful for aliens of the following classes to 

alien convicts, immigrate into the United States, namely, persons who are undergoing 

and of women for a sentence for conviction in their own country of felonious crimes other 

titution 8 forbid- than political or growing out of or the result of such political offenses, 

den. ' or whose sentence has been remitted on condition of their emigration, 

and women " imported for the purposes of prostitution." Every vessel 

Inspection of arriving in the United States may be inspected under the direction of 

vessels. ^g co n e ctor of the port at which it arrives, if he shall have reason to 

believe that any such obnoxious persons are on board ; and the officer 

making such inspection shall certify the result thereof to the master or 

Certificate of other person in charge of such vessel, designating in such certificate 

inspector. the person or persons, if any there be, ascertained by him to be of either 

When inspec- f the classes whose importation is hereby forbidden. When such 

alien not to land ins P ec tion is required by the collector as aforesaid, it shall be unlawful, 

until, &c. without his permission, for any alien to leave any such vessel arriving 

in the United States from a foreign country until the inspection shall 

have been had and the result certified as herein provided ; and at no 

Alien of forbid- time thereafter shall any alien certified to by the inspecting officer as 

dei] i classes not to being of either of the classes whose immigration is forbidden by this 

, excep , (Sec. gec tj on> \ )e allowed to land in the United States, except in obedience to 

a judicial process issued pursuant to law. If any person shall feel 



127 

aggrieved by the certificate of such inspecting officer stating him or her Hearing of in- 
to be within either of the classes whose immigration is forbidden by spectors charge. 
this section, and shall apply for release or other remedy to any proper 
court or judge, then it shall be the duty of the collector at said port of 
entry to detain said vessel until a hearing and determination of the 
matter are had, to the end that if the said inspector shall be found to 
be in accordance with this section and sustained, the obnoxious person 
or persons shall be returned on board of said vessel, and shall not 
thereafter be permitted to land, unless the master, owner, or consignee 
of tbe vessel shall give bond and security, to be approved by the court Bond of master 
or judge heariug the cause, in the sum of five hundred dollars for each or owner, &c, of 
such person permitted to laud, conditioned for the return of such person, 7 esse1 !' / ° b ^ e ' 
within six months from the date thereof, to the country whence his or immigrants! ea 
her emigration shall have taken place, or unless the vessel bringing 
such obnoxious person or persons shall be forfeited, in which event the 
proceeds of such forfeiture shall be paid over to the collector of the 
port of arrival, and applied by him, as far as necessary, to the return Return of for- 
of such person or persons to his or her own country within the said bid den immi- 
period of six months. And for all violations of this act, the vessel, by grant by collector 
the acts, omissions, or connivance of the owners, master, or other cus- in certain cases, 
todian, or the consignee of which the same are committed, shall be 
liable to forfeiture, aud may be proceeded against as in cases of frauds Forfeiture of 
against the revenue laws, for which forfeiture is prescribed by existing vessel for viola- 
la w< tions of this act. 

IMPORTATIONS, &0. 



Sec. 

1624. Importing in public vessels. 

2491. Prohibition upon importation of obscene 

articles. 
•2402. Mode of proceeding;. 
2511. As to machinery imported for repair. 



Sec. 

2512. Certain paintings, statuary, &c, to be ad- 

mitted free of duty. 

2513. Importation of materials for construction, 

&c, of vessels. 
2791. Public vessels need not enter. 



Sec. 1624, Art. 12. No person connected with the Navy shall, under Title 15, Chap. 
any pretense, impjort in a public vessel any article which is liable to the 10. 

payment of duty. ~ — — 

1 J J Importing in 

public vessels. 

Sec. 2491. All persons are prohibited from importing into the United Title 33. 
States, from any foreign country, any obscene book, pamphlet, paper, p , 
writing, advertisement, circular, print, picture, drawing, or other repre- on importa^onof 
sentation, figure, or image on or of paper or other material, or any cast, obscene articles. 
instrument, or other article of an immoral nature, or any drug or medi- 
cine, or any article whatever, for the prevention of conception, or for 
causing unlawful abortion. No invoice or package whatever, or auy part 
of one, in which any such articles are contained shall be admitted, to 
entry ; and all invoices and packages whereof any such articles shall 
compose a part are liable to be proceeded against, seized, and forfeited 
by due course of law. All such prohibited articles in the course of im- 
portation shall be detained by the officer of customs, and proceedings 
taken against the same as prescribed in the following section : Provided, 
That the drugs hereinbefore mentioned, when imported in bulk and not 
put up for any of the purposes hereinbefore specified, are excepted from 
the operation of this section. [See § 1785, R. S.*] 

Sec. 2492. Any judge of any district or circuit court of the United Mode of pro- 
Srates. within the proper district, before whom complaint in writing of ceetlin S- 
any violation of the preceding section is made, to the satisfaction, of 
.such judge, and founded ou knowledge or belief, aud, if upon belief, set- 
ting forth the grounds of such belief, aud supported by oath or affirma- 
tion of the complainant, may issue, conformably to the Constitution, a 
warrant directed to the marshal, or any deputy marshal, in the proper 
district, directing him to search for, seize, and take possession of any 
such article or thing hereinbefore mentioned, and to make due and im- 
mediate return thereof, to the end that the same may be condemned and 
destroyed by proceedings, which shall be conducted in the same manner 
as other proceedings in case of municipal seizure, and with the same right 
of appeal or writ of error. 

Sec. 2511. Machinery for repair may be imported into the United As to machin- 
States without payment of duty, under bond, to be given in double the eTV imported for 
appraised value thereof, to be withdrawn and. exported after said ma- re P air - 

* Officers, agents, or employes of the Government aiding or abetting any one in 
such importations may be punished by a fine of not less than §100 nor more than 
$5,000. or by imprisonment at hard labor for not less than one year nor more than ten, 
or both. 



128 

chinery shall have been repaired ; aud the Secretary of the Treasury is 
authorized and directed to prescribe such rules aud regulations as may 
be necessary to protect the revenue against fraud, and secure the iden- 
tity and character of all such importations when again "withdrawn and 
exported, restricting and limiting the export and withdrawal to the 
same port of entry where imported, and also limiting all bonds to a 
period of time of not more than six months from the date of the im- 
portation. 
Certain paint- Sec. 2512. All paintings, statuary, and photographic pictures imported 
ings, statuary, i n fo the United States for exhibition by any associatiou duly authorized 
ted free of duty*" untler tbe laws of tne United States or any State for the promotion and 
encouragement of science, art, or industry, and not intended for sale, 
shall be admitted free of duty, under such regulations as the Secretary 
of the Treasury shall prescribe. But bonds shall be given for the pay- 
ment to the United States of such duties as are now imposed by law 
upon any and all of such articles as shall not be re-exported within six 
months after such importation. 
Importation of Sec. 2513. All lumber, timber, hemp, manila, and iron and steel rods, 
materials for '^ on - bars, spikes, nails, and bolts, and copper and composition metal which 
vessels. ' ' may he necessary for the construction and equipment of vessels built in 
the United States for the purpose of being employed in the foreign trade, 
including the trade between the Atlantic and Pacific ports of the United 
States, and finished after the sixth day of June, eighteen hundred and 
seventy-two, may be imported in bond, under such regulations as the 
Secretary of the Treasury may prescribe; and, upon proof that such ma- 
terials have been used for such purpose, no duties shall be paid thereon. 
But vessels receiving the benefit of this section shall not be allowed to 
engage in the coastwise trade of the United States more than two months 
in any one year, except upon the payment to the United States of the 
duties ou which a rebate is herein allowed. 

Title 34 Chap. 4. Sec. 2791. It shall not be necessary for the master of any vessel of war, 

; or of any vessel employed by any prince, or state, as a public packet for 

Public vessels ^ e conveyance of letters and dispatches, and not permitted by the laws 
nee no en er. ^ mc h prince or state to be employed in the transportation of merchan- 
dise, in the way of trade, to make report and entry. [See § 1624, Art. 12.] 

INSANE OF THE NAVY. 



prop- 



Sec. 

4849. Admission of insane persons havin< 
erty. 

4850. Admission of non-residents of District. 

4851. Admission of insane persons accused of 
ciime. 

4852. Insane convicts. 

4853. Private patients. 

4854. Admission of pay patients. 

4855. Insane criminals restored to sanity. 

4856. Discharge of patients under bond.' 



1551. Authority of the Secretary of the Navy, &c. 

4838. Establishment of the Government Hospital 

for the Insane. 

4839. The superintendent. 

4843. Admission of insane persons of the Army, 

Navy, &c. 

4844. Admission of indigent insane. 

4845. Order of admission. 

4846. Certificate of judge, &c. 

4847. Application by visitor. 

4848. Conveyance to hospital. 

Title 15, Chap. 7. Sec. 1551. The Secretary of the Navy may cause persons in the naval 
~~ ~ f - the serv i ce or Marine Corps, who'Jbecome insane while in the service, to be 

Na"v? ne ° placed in such hospital for the insane as, in his opinion, will be most 

convenient aud best calculated to promise a restoration of reason. And 
he maj'" pay to any such hospital, other than the Government Hospital 
for the Insane in the District of Columbia, the pay which may;from time 
to time be due to such insane person, and he may, in addition thereto, 
pay to such institution, from the annual appropriation for the naval 
service, under the head of contingent enumerated, any deficiency of a 
reasonable expense, not exceeding one hundred dollars per annum. 

Title 59, Chap. 4. Sec. 4838. There shall be in the District of Columbia a Government 

—z ^ Hospital for the Insane, and its objects shall be the most humane care 

Hospital for 1 the and enlightened curative treatment of the insane of the Army and Navy 
Insane. of the United States aud of the District of Columbia. 

The snperin- g EC# 4339. The chief executive officer of the Hospital for the Insane 
tendent. shall be a superintendent, who shall be appointed by the Secretary of 

the Interior, and shall be entitled to a salary of two thousand five hun- 
dred dollars a year, and shall give bond for the faithful performance of 
his duties, in such sum and with such securities as may be required by 



129 

the Secretary of the Interior. The superintendent shall he a well-edu- 
cated physician, possessing competent experience in the care and treat- 
ment of the insane; he shall reside on the premises and devote his whole 
time to the welfare of the institution ; he shall, subject to the approval 
of the visitors, engage and discharge all needful and usual employes in 
the care of the insane, and all laborers on the farm, and determine their 
wages and duties ; he shall he the responsible disbursing agent of the 
institution, and shall be ex-officio secretary of the hoard of visitors. 

Sec. 4613. The superiuteudent, upon the order of the Secretary of Admission of 
War, of the Secretary of the Navy, and of the Secretary of the Treas- ^fTt^m™ 
ory, respectively, shall receive, and keep in custody until they are cured, MariaeCorps.&c' 
or removed by the same authority which ordered their reception, insane 
persons of the following descriptions : 

First. Insane persons belongiug to the Army, Navy, Marine Corps, 
and revenue-cutter service. 

Second. Civilians employed in the Quartermaster's and Subsistence 
Departments of the Army who may be, or may hereafter become, insane 
while in such employment. 

Third. Men who, while in the service of the United States, in the 
Army. Navy, or Marine Corps, have been admitted to the hospital, and 
have beeu thereafter discharged from it on the supposition that they 
have recovered their reason, and have, within three years after such 
discharge, become again insane from causes existing at the time of such 
discharge, and have no adequate means of support. 

Fourth. Indigent insane persons who have been in either of the said 
services and been discharged therefrom on account of disability arising 
from such insanity. 

Fifth. Indigent insane persons who have become insane within three 
years after their discharge from such service, from causes which arose 
during and were produced by said service. 

Sec. 4644. All indigent insane persons residing in the District of Admission of 
Columbia at the time they became insane shall be entitled to the bene- gane^th^Dia- 
fits of the Hospital for the Insane and shall be admitted on the author- trictof Columbia, 
ity of the Secretary of the Interior, which he may grant after due process 
of law showing the person to be insane and unable to support himself 
and family, or himself, if he has no family, under the visitation of 
insanity. 

Sec. 4645. The Secretary of the Interior may grant an order for the Order of admis- 
admissiou into the hospital of any insane person not charged with a sion. 
breach of the peace, when he shall receive the certificate, as provided 
in the next section, of any judge of the supreme court for the District 
of Columbia, or of any justice of the peace of the District, and an ap- 
plication in writing, as provided in the next section, by a member of the 
board of visitors, requesting that such order may be issued. 

Sec. 4646. It must appear by the certificate aforesaid that two respect- Certificate of 
able physicians, residents of the District, appeared before said judge orJ ua geor justice, 
justice and deposed, in writing sworn to and subscribed by them, that 
they knew the person alleged to be insane ; that, from personal exami- 
nation, they believed such person to be in fact insaue, and a fit subject 
for treatment in said hospital, and that said person was a resident of the 
District at the time he or she was seized with the mental disorder under 
which he or she then labored. And it must further appear by such cer- 
tificate that two respectable householders, resident of the District, ap- 
peared before said judge or justice and deposed, in writing sworn to and 
subscribed by them, that they kuew the person alleged to be insane, and 
that, from a personal examination of his or her affairs, they believed 
said person to be unable, under the visitation of insanity, to support 
himself, or herself, and family, in case such person have a family, or to 
support himself or herself alone, in case such person have no family, 
and unable to pay his or her board and other expenses in the hospital. 
The affidavits of said physicians and householders shall accompany the 
certificate of said judge or justice of the peace. 

Sec. 4647. The application by a member of the board of visitors must Application by 
be made within five days after the date of the affidavits aforesaid, and visitor, 
it must appear therein that the visitor made the application after an in- 
spection of the affidavits and certificate. It shall be the duty of such 
visitor to withhold his application, if he has reason to doubt the indi- 
gene; of the party in whose behalf the application is desired, until his 
doubt is removed by satisfactory testimony. 

9NL 



130 

Conveyance to Sec. 4848. The order of the Secretary of the Interior, granted upon 
hospital. the certificate of a judge or justice and the application of a member of 

the board of visitors, shall authorize auy police officer or constable to 
assist in carrying such indigent insane person to the hospital, whenever 
such assistance is represented to be necessary by the person holding 
the order; but all the expenses of witnesses before the judge or justice 
of the peace, and of carrying such patient to the hospital, shall be borne 
by his friends, or by the local authorities of the District. 
Admission of Sec. 4849. Whenever it appears in the case of any insane person 
insane persons whose insanity commenced while he was a resident of the District of 
having property. Co i umDia that he is able to defray a portion but not the whole of the 
expenses of his support and treatment in the Government Hospital for 
the Insane, the board of visitors of the hospital is authorized to inquire 
into the facts of the case ; and if it appears to the board, upon such in- 
quiry, that such insane person has property aud no family, or has more 
property than is required for the support of his family, then, as a con- 
dition upon which such insane person, admitted or to be admitted upon 
the order of the Secretary of the Interior, shall receive or continue to 
receive the benefits of the hospital, there shall be paid to the superin- 
tendent from the income, property, or estate of such insane person such 
portion of his expenses in the hospital as a majority of the board shall 
determine to be just and reasonable, under all the circumstances. 
Admission of Sec. 4850. Any indigent insane person who did not reside in the 
non-residents of District at the time he became insane may, in like manner, upon the 
certificate of a judge or justice and the application of a member of the 
board of visitors, be admitted into the hospital upon the application of 
the governor of the District, and at the expense of the District during 
the continuance of such insane person therein, it being hereby designed 
to give the superintendent thereof authority to take charge of such in- 
sane person until the governor can discover who his friends are, or 
whence he came, with a view to the return of such person to such friends, 
or to the place of his residence, and thus relieve the District of the ex- 
pense and charge of such indigent insane non-resident. 
Admission of Sec. 4851. If any person charged with crime be found, in the court 
insane persons before which he is so charged, to be an insane person, such court shall 
accused of crime. cer tify the same to the Secretary of the Interior, who may order such 
person to be confined in the Hosj)ital for the Insane, and if he be not 
indigent, he and his estate shall be charged with expenses of his sup- 
port in the hospital. 
Insane con- Sec. 4852. Any person becoming insane during the continuance of 
victs. his sentence in the United States penitentiary shall have the same 

privilege of treatment in the hospital during the continuance of his 
mental disorder as is granted in the preceding section to persons who 
escape the consequences of criminal acts by reason of insanity, unless 
it be the opinion, both of the physician to the penitentiary and the 
superintendent of the hospital, that such insane convict is so depraved 
and furious in his character as to render his custody in the hospital in- 
secure, and his example pernicious. 
Private pa- Sec. 4853. Whenever there are vacancies, private patients from the 
tients. District may be received at a rate of board to be determined by the 

visitors, to be in no case less than the actual cost of their support. 
Admission of Sec. 4854. The independent or pay patients may be received into the 
pay patients. hospital for the insane on the certificate of two respectable physicians 
of the District, stating that they have personally examined the patient, 
and believe him to be insane at the time of giving the certificate, and a 
fit subject for treatment in the institution, accompanied by a written 
request for the admission from the nearest relatives, legal guardian, or 
friend of the patient, where he may remain, until restored to reason. 
The friends of the patient shall comply with the regulations of the hos- 
pital in respect to payment of board, and in all other respects. The re- 
quest for admission must be made within five days of the date of the 
certificate of insanity. 
Delivery of in- Sec. 4855. When any person confined in the Hospital for the Insane 
sane criminals re- charged with crime and subject to be tried therefor, or convicted of 
stored to sanity. crime and undergoing sentence therefor, shall be restored to sanity, the 
superintendent of the hospital shall give notice thereof to the judge of 
the criminal court, and deliver him to the court in obedience to the 
proper precept. 
Discharge of pa- g ECt 4856. If any person will give bond with sufficient security, to be 
tients upon bond. a pp rovec i by the supreme court of the District of Columbia, or by any 



131 

judge thereof in vacation, payable to the United States, with condition 
to restrain and take care of any independent or indigent insane person 
not charged with a breach of the peace, whether in the hospital or not, 
until the insane person is restored to sanity, such court or judge thereof 
may deliver such insane person to the party giving snch bond. * 

INSURRECTION— CONSPIRACY. 

Sec. 

5-297. Insurrection against a State government. 

5298. Insurrection against the Government of the 

United States. 

5299. Power to suppress insurrection in violation 

of civil rights. 

5300. Proclamation to insurgents to disperse. 

5301. Suspension of commercial intercourse. 

5302. In loyal States. 

5303. To whom prohibition shall exteud. 

5304. Commercial intercourse ; to what extent 

permitted. 

5305. Appointment and compensation of officers. 

5306. Trading without license, <fcc. 

5307. Investigations to detect frauds. 

5308. Confiscation of property employed in aid of 

insurrection. 

5309. Proceedings, where had. 

5310. Property taken on inland waters. 



Sec. 

5311. How proceedings shall be instituted. 

5312. Prohibition upon transportation of goods to 
aid insurrection. 

5313. Prohibition upou trade in captured or aban- 
doned property. 

5319. Forfeiture of vessels belonging to citizens of 
insurrectionary States. 

5320. Refusal of clearance to vessels laden with 
suspected merchandise. 

5321. Bond upou clearance. 

5322. Liens upon condemned vessels. 

5406. Conspiring to intimidate witnesses, &c. 

5407. Conspiracy to defeat the enforcement of the 
laws. 

5440. All parties to a conspiracy equally guilty. 

5518. Conspiracy to prevent holding office. 

5519. Conspiracy to deprive any person of equal 
protection of the laws. 



Sec. 5*297. In case of an insurrection in any State, against the gov- Title 69. 
ernment thereof, it shall be lawful for the President, on application of i usurrec ti n 
the legislature of such State, or of the executive, when the legislature against a State 
cannot be convened, to call forth such number of the militia of any government, 
other State or States, which may be applied for, as he deems sufficient 
to suppress such insurrection ; or, on like application, to employ, for 
the same purposes, such part of the land or naval forces of the United 
States as he deems necessary. 

Sec. 5298. Whenever, by reason of unlawful obstructions, combina- insurrection 
tions, or. assemblages of persons, or rebellion against the authority of against the Gov- 
the Government of the United States, it shall become impracticable, in ?l' n .'l ,e ? t Q t !' the 
the judgment of the President, to enforce, by the ordinary course of Umted states, 
judicial proceedings, the laws of the United States within any State or 
Territory, it shall be lawful for the President to call forth the militia of 
any or all the States, and to employ such parts of the land and naval 
forces of the United States as he may deem necessary to enforce the 
faithful execution of the laws of the United States, or to suppress such 
rebellion, in whatever State or Territory thereof the laws of the United 
States may be forcibly opposed, or the execution thereof forcibly ob- 
structed. 

Sec. 5299. Whenever insurrection, domestic violence, unlawful com- Power to sup- 
inations, or conspiracies in any State so obstructs or hinders the exe_ tj^n ^^viol^fon 
cutiou of the laws thereof, and of the United States, as to deprive any f c i v n. rights, 
portion or class of the people of such State of any of the rights, privi- 
leges, or immunities, or protection, named in the Constitution and 
secured by the laws for the protection of such rights, privileges, or im- 
munities, and the constituted authorities of such State are unable to 
protect, or, from any cause, fail in or refuse protection of the people in 
such rights, such facts shall be deemed a denial by such State of the 
equal protection of the laws to which they are entitled under the Con- 
stitution of the United States; and in all such cases, or whenever any 
such insurrection, violence, unlawful combination, or conspiracy, opposes 
or obstructs the laws of the United States, or the due execution thereof, 
or impedes or obstructs the due course of justice under the same, it 
shall be lawful for the President, and it shall be his duty, to take such 
measures, by the employment of the militia or the land and naval forces 
of the United States, or of either, or by other means, as he may deem 
necessary, for the suppression of such insurrection, domestic violence, 
or combinations. 

Sec. 5300. Whenever, in the judgment of the President, it becomes Proclamation 
necessary to use the military forces under this Title, the President shall to insurgents to 
forthwith by proclamation, command the insurgents to disperse and uls P erse - 
retire peaceably to their respective abodes, within a limited time. 

*An act approved ^ftrch 3, 1875, provides for the admission into the Government 
Hospital for the Insane, on the order of the Secretary of the Treasury, of insane per- 
sons of the merchant marine, at a cost not exceeding four dollars and fifty cents a 
wf- <-k. to be paid out of the marine hospital fund. 

An act approved June 23. 1874, provides for the custody of persons convicted in the 
courts of the United States, who have or may become insane while imprisoned. 



132 

Suspension of Sec. 5301. Whenever the President, in pursuance of the provisions of 
course^ inter 'this Title, has called forth the militia to suppress combinations against 
the laws of the United States, and to cause the laws to be duly executed, 
and the insurgents shall have failed to disperse by the time directed by 
the President, and when the insurgents claim to act uuder the authority 
of any State or States, and such claim is not disclaimed or repudiated 
by the persons exercising the functions of government in such State 
or States, or in the part or parts thereof in which such combination ex- 
ists, and such insurrection is not suppressed by such State or States, 
or whenever the inhabitants of any State or part thereof are at any time 
found by the President to be in insurrection against the United States, 
the President may, by proclamation, declare that the inhabitauts of 
such State, or of any section or part thereof where such insurrection ex- 
ists, are. in a state of insurrection against the United States; and there- 
upon all commercial intercourse by and between the same and the citi- 
zens thereof and the citizens of the rest of the United States shall cease 
and be unlawful so long as such condition of hostility shall continue; 
and all goods and chattels, wares and merchandise, coming from such 
State or section into the other parts of the United States, or proceeding 
from other parts of the United States to such State or section, by land 
or water, shall, together with the vessel or vehicle conveying the same, 
or conveying persons to or from such State or section, be forfeited to 
the United States. 
In loyal States? Sec. 5302. Whenever any part of a State not declared to be in insur- 
rection is under the control of insurgents, or is in dangerous proximity 
to places under their control, all commercial intercourse therein and 
therewith shall be subject to the prohibitions and conditions of the pre- 
ceding section for such time and to such extent as shall become neces- 
sary to protect the public interests, and be directed by the Secretary of 
the Treasury, with the approval of the President. 
To whom pro- Sec. 5303. The provisions of this Title in relation to commercial in- 
hibition shall ex- tercourse shall apply to all commercial intercourse by and between per- 
teD "' sons residing or being within districts within the lines of national mili- 

tary occupation in the States or parts of States declared in insurrection, 
whether with each other or with persons residing or being within dis- 
tricts declared in insurrection and not within those lines; and all per- 
sons within the United States, not native or naturalized citizens thereof, 
shall be subject to the same prohibitions, in all commercial intercourse 
with inhabitants of States or parts of States declared in insurrection, as 
citizens of States not declared to be in insurrection. 
Commercial in- Sec. 5304. The President may, in his discretion, license and permit 
tercourse, to commercial intercourse with any part of such State or section, the in- 
what extent per- habitants of which are so declared in a state of insurrection, so far as 
may be necessary to authorize supplying the necessities of loyal persons 
residing in insurrectionary States, within the lines of actual occupation 
by the military forces of the United States, as indicated by published 
order of the commanding general of the department or district so occu- 
pied ; and, also, so far as may be necessary to authorize persons residing 
within such lines to bring or send to market in the loyal States any 
products which they shall have produced with their own labor or the 
labor of freedmen, or others employed and paid by them, pursuant to 
rules relating thereto, which may be established under proper authority. 
And no goods, wares, or merchandise shall be taken into a State declared 
in insurrection, or transported therein, except to and from such places 
and to such monthly amounts as shall have been previously agreed upon, 
in writing, by the commanding general of the department in which such 
places are situated, and an officer designated by the Secretary of the 
Treasury for that purpose. Such commercial intercourse shall be in 
such articles and for such time and by such persons as the President, in 
his discretion, may think most conducive to the public interest; and, so 
far as by him licensed, shall be conducted and carried on only in pursuance 
of rules and regulations prescribed by the Secretary of the Treasury. 
Appointment ^ EC - 5305. The Secretary of the Treasury may appoint such officers at 
and com pen s a- places where officers of the customs are not now authorized by law as 
tion of officers, may be needed to carry into effect such licenses, rules, and regulations. 
In all cases where officers of the customs, or other salaried officers, are 
appointed by him to carry into effect such licenses, rules, and regula- 
tions, such officer shall be entitled to receive one thousand dollars a year 
for his services, in addition to his salary or compensation under any 



133 

other law. But the aggregate compensation of any such officer shall 
not exceed the sum of live thousand dollars in any one year. 

Sec. 5306. Every officer of the United States, civil, military, or naval, Trading with- 
and every sutler, soldier, marine, or other person, who takes, or causes llcense > &c - 
to be taken into a State declared to be in insurrection, or to any other 
point to be thence taken into such State, or who transports or sells, or 
otherwise disposes of therein, any goods, wares, or merchandise what- 
soever, except in pursuance of license and authority of the President, as 
provided in this Title, or who makes any false statement or representa- 
tion upon which license and authority is granted for such transportation, 
sale, or other disposition, or who, under any license or authority ob- 
tained, willfully and knowingly transports, sells, or otherwise disposes 
of any other goods, wares, or merchandise than such as are in good 
faith so licensed and. authorized, or who willfully and knowingly trans- 
ports, sells, or disposes of the same, or any portion thereof, in violation 
of the terms of such license or authority, or of any rule or regulation 
prescribed by the Secretary of the Treasury concerning the same, or 
who is guilty of any act of embezzlement, of willful misappropriation 
of public or private money or property, of keeping false accounts, or of 
willfully making any false returns, shall be deemed guilty of a misde- 
meanor, and shall be fined not more than five thousand dollars, and im- 
prisoned in the penitentiary not more than three years. Violations of 
this section shall be cognizable before any court, civil or military, com- 
petent to try the same. 

Sec. 5307.' It shall be the duty of the Secretary of the Treasury, from Investigations 
time to time, to institute such investigations as may be necessary to de- detect frauds, 
tect and prevent frauds and abuses in any trade or transactions which 
may be licensed between inhabitants of loyal States and of States in in- 
surrection. And the agents making such investigations shall have 
power to compel the attendance of witnesses, and to make examinations 
on oath. [See ft 183, Frauds, &c] 

Sec. 5308. "Whenever during any insurrection against the Government Confiscation of 
of the United States, after the President shall have declared by procla- fj^wd^in." 
matiou that the laws of the United States are opposed, and the execu-g Ur rectlon.° 
tion thereof obstructed, by combinations too powerful to be suppressed 
by the ordinary course of judicial proceedings, or by the power vested 
in the marsbals by law, any person, or his agent, attorney, or employe", 
purchases or acquires, sells or gives, any property of whatsoever kind 
or description, with intent to use or employ the same, or suffers the same 
to be used or employed in aiding, abetting, or promoting such insurrec- 
tion or resistance to the laws, or any person engaged therein ; or being 
the owner of any such property, knowingly uses or employs, or consents 
to such use or employment of the same, all such property shall be law- 
ful subject of prize and capture wherever found ; and it shall be the 
duty of the President to cause the same to be seized, confiscated, and 
condemned. 

Sec. 5309. Such prizes and capture shall be condemned in the district Proceedings, 
or circuit court of the United States having jurisdiction of the amount, w ere a ' 
or in admiralty in any district in which the same be seized, or into which 
they may be taken and proceedings first instituted. 

Sec. 5310. No property seized or taken upon any of the inland waters Property taken 
of the United States by the naval forces thereof shall be regarded as on inland waters. 
maritime prize ; but all property so seized or taken shall be promptly 
delivered to the proper officers of the courts. 

Sec. 5311. The Attorney-General, or the attorney of the United States . How proceed- 
for any judicial district in which such property may at the time be, may 1 "? 8 t s ^ a11 ^ e in " 
institute the proceedings of condemnation, and in such case they shall 8 
be wholly for the benefit of the United States; or any person may file 
au information with such attorney, in which case the proceedings shall 
be for the use of such informer and the United States in equal parts. 
[See $ 629.] 

Sec. 5312. The Secretary of the Treasury is authorized to prohibit and 
prevent the transportation in any vessel, or upon any railroad, turnpike, 
or other road or meaus of transportation within the United States, of 
any property, whatever may be the ostensible destination of the same, 
in all cases where there are satisfactory reasons to believe that such 
property is intended for any place in the possession or under the control 
ot insurgents against the United States, or that there is imminent danger 
that such property will fall into the possession or uuder the control of 
such insurgents ; and he is further authorized, in all cases where he 



134 

deems it expedient so to do, to require reasonable security to be given 
that property shall not be transported to any place under insurrection- 
ary control, and shall not, in any way, be used to give aid or comfort to 
such insurgents ; and he may establish all such general or special regu- 
lations as may be necessary or proper to carry into effect the purposes of 
this section ; and if any property is transported in violation of this act, 
or of any regulation of the Secretary of the Treasury, established in pur- 
suance thereof, or if any attempt shall be made so to transport any, it 
shall be forfeited. 
Prohibition up- Sec. 5313. All persons in the military or naval service of the United 
on^ trade in cap- States are prohibited from buying or selling, trading, or in any way 
doned property! 1 dealing 1U captured or abandoned property, whereby they shall receive 
or expect any profit, benefit, or advantage to themselves, or any other 
person, directly or indirectly connected with them ; and it shall be the 
duty of such person whenever such property comes into his possession or 
custody, or within his control, to give notice thereof to some agent, ap- 
pointed by virtue of this Title, and to turn the same over to such agent 
without delay. Any officer of the United States, civil, military, or 
naval, or any sutler, soldier, or marine, or other person who shall vio- 
late any provision of this section, shall be deemed guilty of a misde- 
meanor, and shall be fined not more than five thousand dollars, and 
imprisoned in the penitentiary not more than three years. Violations 
of this section shall be cognizable before any court, civil or military, 
competent to try the same. 
forfeiture of Sec. 5319. From and after fifteen days after the issuiug of the proc- 
to S cftizens°of TiS lamatioD j as provided in section fifty-three hundred and one, any ves- 
sunectionary se ^ belonging in whole or in part to any citizen or inhabitant of such 
States. State or part of a State whose inhabitants are so declared in a state of 

insurrection, found at sea, or in any port of the rest of the United States, 
shall be forfeited. 
Refusal of Sec. 5320. The Secretary of the Treasury is authorized to refuse a 
clearance to ves- clearance to any vessel or other vehicle laden with merchandise, des- 
suspected 1 mer^ * me( l f° r a foreign or domestic port, whenever he shall have satisfactory 
chandise. reason to believe that such merchandise, or any part thereof, what- 

ever may be its ostensible destination, is intended for ports in possession 
or under control of insurgents against the United States ; and if any 
vessel for which a clearance or permit has been refused by the Secre- 
tary of the Treasury, or by his order, shall depart or attempt to depart 
for a foreign or domestic port without being duly cleared or permitted, 
such vessel, with her tackle, apparel, furniture, and cargo, shall be for- 
feited. 
Bond upon Sec. 5321. Whenever a permit or clearance is granted for either a 
clearance. foreign or domestic port, it shall be lawful for the collector of the 

customs granting the same, if he deems it necessary, under the circum- 
stances of the case, to require a bond to be executed by the master or 
the owner of the vessel, in a penalty equal to the value of the cargo, 
and with sureties to the satisfaction of such collector, that the cargo 
shall be delivered at the destination for which it is cleared or permitted, 
and that no part thereof shall be used in affording aid or comfort to any 
person or parties in insurrection against the authority of the United 
States. 
Liensuponcon- Sec. 5322. In all cases wherein any vessel, or other property, is con- 
demned vessels, demned in any proceeding by virtue of any laws relating to insurrec- 
tion or rebellion, the court rendering judgment of condemnation shall, 
1 notwithstanding such condemnation, and before awarding such vessel, 

or other property, or the proceeds thereof, to the United States, or to 
any informer, first provide for the payment, out of the proceeds of such 
vessel, or other property, of any bona-fide claims which shall be filed by 
any loyal citizen of the United States, or of any foreign state or power 
at peace and amity with the United States, intervening in such pro- 
ceeding, and which shall be duly established by evidence as a valid 
claim against such vessel, or other property, under the laws of the 
United States or of any State thereof not declared to be in insurrection. 
No such claim shall be allowed in any case where the claimant has 
knowingly participated in the illegal use of such ship, vessel, or other 
property. This section shall extend to such claims only as might have 
been enforced specifically against such vessel, or other property, in any 
State not declared to be in insurrection, wherein such claim arose. 



135 

Sec. 5406. If two or more persons in any State or Territory conspire Title 70, Chap. 4. 
to deter, by force, intimidation, or threat, any party or witness in any couspirinjr t o 
court of the United States from attendiug such court, or from testifying intimidate party, 
to any matter pending therein, freely, fully, and truthfully, or to injure witness, or juror.' 
such party or witness in his person or property on account of his hav- 
ing so attended or testified, or to influence the verdict, presentment, 
or indictment of any grand or petit juror in any such court, or to injure 
such juror iu his person or property on account of any verdict, present- 
ment, or indictment lawfully assented to by him, or of his being or hav- 
ing been such juror, each of such persons shall be punished by a fine of 
not less than five hundred nor more than five thousand dollars, or by 
imprisonment, with or without hard labor, not less than six months nor 
more than six years, or bv both such fine and imprisonment. [See §§ 
1980-1981, Civil Rights.] 

Sec. 5407. If two or more persons in any State or Territory conspire Conspiracy to 
for the purpose of impeding, hindering, obstructing, or defeating, in any de * ei *t Ju" i° rce " 
mauner, the due course of justice iu any State or Territory, with intent men ° e aw8 ' 
to deny to any citizen the equal protection of the laws, or to injure him 
or his property for lawfully enforciug, or attempting to enforce, the right 
of any person, or class of persons, to the equal protection of the laws, 
each of such persons shall be punished by a fine of not less than five 
hundred nor more than five thousand dollars, or by imprisonment, with 
or without hard labor, uot less than six months nor more than six years, 
or by both such fine and imprisonment. [See §§ 1977-1991, Civil 
Eights: 2004-5506-5510, Elective Franchise.] 

Sec. 5440. If two or more persons conspire either to commit any Title 70, Chap. 5. 
offense against the United States, or defraud, the United States in any ~^ 7- — I — 
manner or for any purpose, and one or more of such parties do any act conspiracy equa* 
to effect the object of the conspiracy, all the parties to such conspiracy ly guilty. 

shall be liable to a penalty of uot less than one thousand dollars and 

not more than ten thousand dollars, and to imprisonment not more than Ibld '> s - 2 - 
two years. 

Sec. 5518. If two or more persons in any State or Territory conspire Title 70, Chap. 7. 
to prevent, by force, intimidation, or threat, any person from accepting Conspiracy to 
or holding any office, trust, or place of confidence under the United prevent accept- 
States, or from discharging any duties thereof; or to induce by like ing or holding 
means any officer of the United States to leave any State, district, or + ff l C sfc l Y lder Uui " 
place, where his duties as an officer are required to be performed, or to 
injure him iu his person or property on account of his lawful discharge 
of the duties of his office, or while engaged in the lawful discharge 
thereof, or to injure his property so as to molest, interrupt, hinder, or 
impede him in the discharge of his official duties ; each of such persons 
shall be punished by a fine of not less than five hundred nor more than 
five thousand dollars, or by imprisonment, with or without hard labor, 
not less than six months nor more than six years, or by both such fine 
and imprisonment. [See § 5407.] 

Sec. 5519. If two or more persons in any State or Territory conspire, ( | e C £°yJ )irac 7 to 
or go in disguise on the highway or on the premises of another, for the so^of^he'^eaual 
purpose of depriving, either directly or indirectly, any person or class protection of the 
of persons of the equal protection of the laws, or of equal privileges laws, 
and immunities under the laws: or for the purpose of preventing or 
hindering the constituted authorities of any State or Territory from 
giving or securing to all persons within such State or Territory the equal 
protection of the laws ; each of such persons shall be punished by a fine 
of not less than five hundred nor more than five thousand dollars, or by 
imprisonment, with or without hard labor, not less than six months nor 
more than six years, or by both such fine and imprisonment. [See § 
5336, Treason.] 

INTERIOR DEPARTMENT. 

See Department of the Interior. 

INVENTORY OF PUBLIC PROPERTY. 

Sec. 197. The Secretary of State, the Secretary of the Treasury, the Title 4. 
Secretary of the Interior, the Secretary of War, the Secretary of the' 
Navy, the Postmaster-General, the Attorney-General, and Gouimi.ssioner pr0 p erty 
of Agriculture shall keep, in proper books, a complete inventory of all 
the property belonging to the United States in the buildings, rooms, 
offices, and grounds occupied by them, respectively, and under their 



Inventories of 



136 

charge adding thereto, from time to time, an account of such property 
as may he procured subsequently to the taking of such inventory, as 
well as an account of the sale or other disposition of any of such prop- 
erty. 

JUDICIARY. 

DISTRICT COURTS— JURISDICTION. 



Sec. 

566. Trial of issues of fact. 
573. Effect of altering terras of district courts. 
5T4. Courts always open for admiralty purposes, 
&c. 



Sec. 

563. Jurisdiction. 

564. Certain seizures cognizable in any district 

into which the property is taken. 

565. May proceed in prize causes after appeal. 

[See "Prizb."] 

Title 13. Chap. 3. Sec. 563. The district courts shall have jurisdiction as follows : 

Crimes and of- First. Of all crimes and offenses cognizable under the authority of the 

fenses. United States, committed within their respective districts, or upon the 

high seas, the punishment of which is not capital, except in the cases 

mentioned in section fifty-four hundred aud twelve,* Title "Crimes." 

[See §§ 4300-4305, R. S., Offenses against Navigation.] 

Of piracy, when. Second. Of all cases arising under any act for the punishment of 

piracy, where no circuit court is held in the district of such court. 
Penalties and Third. Of all suits for penalties and forfeitures incurred under any 
forfeitures. law of the United States. 

Suits at com- Fourth. Of all suits at common law brought by the United States, or 
mon law by Um- by auv officer thereof, authorized by law to sue. 
tea. o tates or otn- 
cers. 

Suits in equity Fifth. Of all suits in equity to enforce the lien of the United States 
n°a 1° re C6 e intei e u P on an y rea ^ es tate for any internal-revenue tax, or to subject to the 
taxes. payment of any such tax any real estate owned by the delinquent, or in 

which he has any right, title, or interest. 
Suits for penal- Sixth. Of all suits for the recovery of any forfeiture or damages 
for S fraudsa™ainst under section thirty-four hundred and ninety, Title " Debts due by 
United States. OR TO THE United States ; " and such suits may be tried and determined 
by any district court within whose jurisdictional limits the defendant 
may be found. [See §§ 3490-3494, Debts due by United States.] 
Suits under Seventh. Of all causes of action arising under the postal laws of the 
postal laws. United States. 

Admiralty Eighth. Of all civil causes of admiralty and maritime jurisdiction; 

causes and seiz- saving to suitors in all cases the right of a common-law remedy, where 

ures on land. ^ e common ] aw j s competent to give it; and of all seizures on land and 

on waters not within admiralty aud maritime jurisdiction. Aud such 

jurisdiction shall be exclusive, except in the particular cases where 

jurisdiction of such causes and seizures is given to the circuit courts; 

and shall have original and exclusive cognizance of all prises Drought into the 

United States, except as provided in paragraph six of section six hundred and 

twenty-nineA 

Condemnation Ninth. Of all proceedings for the condemnation of property taken as 

of property taken p r j ZGj 1U pursuance of section fifty-three hundred and seventy-six, [eighty 

as prize. Title u Insurrection » 

Suits ondeben- Tenth. Of all suits by the assignee of any debenture for drawback of 

tures. duties, issued under any law for the collection of duties, against the 

person to whom such debenture was originally granted, or against any 

indorser thereof, to recover the amount of such debenture. [See 

$ 3039, R. S.] 

Sui t s on a c - Eleventh. Of all suits authorized by law to be brought by any person 

count of injuries f or ^ ie recovery of damages on account of any injury to his person or 

bv conspirators , rr.-, -i • -• j? ■ i_r • • -i c -j.- & 

in certain cases, property, or of the deprivation of any right or privilege of a citizen of 

the United States by any act done in furtherance of any conspiracy 
mentioned in section nineteen hundred and eighty-five, § Title, "Civil 
Rights." [See $ 1980.] 

* Relates to fraudulently placing books, papers, &c, in surveyor-general's office in 
California. 

t Words in italics added by act of February 18, 1875. 

t The word "eight" substituted for " seventy-six " by act of February 18. 1875. 

§ Sec. 1985. Every marshal and deputy marshal shall obey and execute all warrants 
or other process, when directed to him,'issued under the provisions hereof. 



137 

Twelfth. Of all suits at law or in equity authorized by law to be Suits to redress 
brought by any person to redress the deprivation, under color of any d - e Jj r t iv a * i ° l l , ot 
law, ordinance, regulation, custom, or usage of any State, of any right, \^ e Constitution 
privilege, or immunity secured by the Constitution of the Uuited States, and laws to per- 
or of auy right secured bv any law of the United States to persons sons withiu juris - 
witbin the jurisdiction thereof." [See §§ 1977, 1979, Civil Eights.] *g£™* of United 

Thirteenth. Of all suits to recover possession of any office, except that Suits to recover 
of elector of President or Vice-President, Representative or Delegate in offices- 
Congress, or member of a State legislature, authorized by law to be 
brought, whereiu it appears that the sole question touching the title to 
such office arises out of the denial of the right to vote to any citizen 
ottering to vote, ou account of race, color, or previous condition of servi- 
tude: Provided, That such jurisdiction shall extend only so far as to 
determine the rights of the parties to such office by reason of the denial 
of the right guaranteed by the Constitution of the United States and 
secured by any law, to enforce the right of citizens of the United States 
to vote in all the States. [See § 2010, Elective Franchise.] 

Fourteenth. Ot all proceeding by the writ of quo warranto, prosecuted Suits for re- 
by any district attorney, for the removal from office of any person hold- moral of officers 
ing office, except as a" member of Congress, or of a State legislature, h °W in S , contra t l 7 
contrary to the provisions of the third section of the fourteenth article amendment 11 
of amendment of the Constitution of the United States. [See § 1786, 
Vacancies in the Departments.] 

Fifteeuth. Of all suits by or against any association established under Suits against 
any law providing for national banking associations within the district national banks, 
for which the court is held. 

Sixteenth. Of all suits brought by any alien for a tort only in viola- Suits by aliens 
tion of the law of nations, or of a treaty of the United States. f? r torts in viola- 

J tion ot the law of 

nations. 

Seventeenth. Of all suits against consuls or vice-consuls, except for Suits against 
offenses above the description aforesaid. consuls V1CG * 

Eighteenth. The district courts are constituted courts of bankruptcy, in bankruptcy. 
and shall have in their respective districts original jurisdiction in all 
matters and proceedings in bankruptcy. 

Sec. 564. Proceedings on seizures for forfeiture of any vessel or cargo Certain seiz 
entering any port of entry which has been closed by the President in !* res cognizable 
pursuance of law, or of goods and chattels coming from a State or sec- },^ to a ^hiclf the 
tion declared by proclamation of the President to be in insurrection into property is taken, 
other parts of the United States, or of any vessel or vehicle conveying 
such property, or conveying persons to or from such State or section, or 
of any vessel belonging, in whole or in part, to any inhabitant of such 
State or section, may be prosecuted in any district court into which the 
property so seized may be taken, and proceedings instituted ; and the 
district court thereof shall have as full jurisdiction over such proceed- 
ings as if the seizure was made in that district. [See § 5301, Insur- 
rection.] 

Sec. 566. The trial of issues of fact in the district courts, in all causes Trial of issues 
except cases in equity and cases of admiralty and maritime jurisdiction, of fact, 
and except as otherwise provided in proceeding in bankruptcy, shall be 
by jury. In causes of admiralty and maritime jurisdiction relating to 
any matter of contract or tort arising upon or concerning any vessel of 
twenty tons burden or upward, enrolled aud licensed for the coasting 
trade, and at the time employed in the business of commerce aud navi- 
gation between places in different States and Territories upon the lakes 
and navigable waters connecting the lakes, the trial of issues of fact 
shall be by jury when either party requires it. 

Sec. 573. No action, suit, proceeding, or process in any district court Title 13, Chap. 4. 
shall abate or be rendered invalid by reason of any act changing the • — 

time of holding such court ; but the same shall be deemed to be return- ^ terms of dls 
able to, pendiug, and triable in the terms established next after the trict courts, 
return-day thereof. See all acts al- 

tering terms. 

Sec. 574. The district courts, as courts of admiralty, and as courts of Court always 
equity, so far as equity jurisdiction has been conferred 
be deemed always open, for the purpose of tiling any 
ing and returning mesne and final process, aud of making and directiu^ 
all interlocutory motions, orders, rules, and other proceedings, x>repara- 
tory to the hearing, upon their merits, of all causes pending therein. 



upon them, shall open as court of 
pleading, of issu- ±^^^1 



certain purposes. 



138 

And any district judge may, npon reasonable notice to the parties, make, 
and direct and award, at chambers, or in the clerk's office, and in vaca- 
tion as well as in term, all such process, commissions, orders, rules, and 
other proceedings, whenever the same are not grantable of course, 
according to the rules and practice of the court. 



JUDICIAL CIRCUITS. 



Sec. 604. Circuits. 



Circuits. 



Title 13, Chap. 5. Sec. 604. The judicial districts of the United States are divided into 
-nine circuits as follows : 

First. The first circuit includes the districts of Rhode Island, Massa- 
chusetts, New Hampshire, and Maine. 

Second. The second circuit includes the districts of Vermont, Con- 
necticut, and New York. 

Third. The third circuit includes the districts of Pennsylvania, New 
Jersey, and Delaware. 

Fourth. The fourth circuit includes the districts of Maryland, Vir- 
ginia, West Virginia, North Carolina, and South Carolina. 

Fifth. The fifth circuit includes the districts of Georgia, Florfda, Ala- 
bama, Mississippi, Louisiana, and Texas. 

Sixth. The sixth circuit includes the districts of Ohio, Michigan, 
Kentucky, and Tennessee. 

Seventh. The seventh circuit includes the districts of Indiana, Illinois, 
and Wisconsin. 

Eighth. The eighth circuit includes the districts of Nebraska, Minne- 
sota, Jowa, Missouri, Kansas, and Arkansas. 

Ninth. The ninth circuit includes the districts of California, Oregon, 
and Nevada. 



CIRCUIT COURTS— ORGANIZATION. 



Sec. 

605. Justice allotted to circuits, how designated. 

606. Allotment of the justices to the circuits. 

607. Circuit judges. 

608. Circuit courts, where established. 

609. Circuit courts, by whom to be held. 

610. Justices of Supreme Court to attend once in 

every two years. 

611. Judges of circuit courts may sit apart. 

612. Circuit courts held at same time in different 

districts. 



Sec. 

613. Criminal terms in the southern district of 

New York ; how held. 

614. "When district judges may sit in cases of ap- 

peal or error to their own decisions. 

615. When suits transferred from one circuit to 

another. 

616. Cause certified back. 

617. Justices may hold courts of other circuits on 

request. 

618. "When no justice is allotted to a circuit. 



Title 1 3, Chap. 6. Sp:c. 605. The words " circuit justice" and "justice of a circuit," when 
"justices allot- usea * n this Title, shall be understood to designate the justice of the 
ted to circuits, Supreme Court who is allotted to any circuit ; but the word "judge," 
how designated, when applied generally to any circuit, shall be understood to include 
such justice. 
Allotment of Sec. 606. The Chief Justice and associate justices of the Supreme 
the justices to the Court shall be allotted among the circuits by an order of the court, and 
a new allotment shall be made whenever it becomes necessary or con- 
venient by reason of the alteration of any circuit, or of the new appoint- 
ment of a Chief Justice or associate justice, or otherwise. If a new 
allotment becomes necessary at any other time than during a term, it 
shall be made by the Chief Justice, and shall be binding until the next 
term and until a new allotment by the court. 

Sec. 607. For each circuit there shall be appointed a circuit judge, 
who shall have the same power and jurisdiction therein as the justice of 
the Supreme Court, allotted to the circuit, and shall be entitled to re- 
ceive a salary at the rate of six thousand dollars a year, payable quar- 
terly on the first days of January, April, July, and October. Every 
circuit judge shall reside within his circuit. 

Sec. 608. Circuit courts are established as follows : One for the three 
districts of Alabama, one for the eastern district of Arkansas, one for 
the southern district of Mississippi, and one for each district in the 
States not herein named ; and shall be called the circuit courts for the 
districts for which they are established. 



circuits. 



Circuit judges. 



Circuit courts 
whe re e s t a b ■ 
lished. 



139 

Sec. 609. Circuit courts shall be held by the circuit justice, or by the Circuit courts ; 
circuit judge of the circuit, or by the district judge of the district sitting j^ 1(J wbom t0 be 
aloue, or by any two of the said judges sittiug together. 

Sec. 610\ It shall be the duty of the Chief Justice, and of each justice Justices of Su- 
of the Supreme Court, to attend at least oue term of the circuit court in p l"® me 1 Court *° 
each district of the circuit to which he is allotted daring every period every two years! 
of two years. 

Sec. 611. Cases may be heard aud tried by each of the judges holding Judges of cir- 
a circuit court sitting apart by direction of the presiding justice or judge, cuit courts may 
who shall designate the business to be done by each. sit a P art - 

Sec. 61*2. Circuit courts may be held at the same time in the different Circuit courts 
districts of the same circuit. held at same time 

in different dis- 
tricts. 

Sec. 613. The terms of the circuit court for the southern district of. Criminal terms 
New York, appointed exclusively for the trial and disposal of criminal ^ + tb ® sout ^ ern 
i • t i i i i j.1 >••*■' a ^ j-i \q • t • i • ..district ot ]\ew 

business, may be held by the circuit judge of the second judicial circuit York; how held. 

and the district judges for the southeru and eastern districts of New 
York, or any one of said three judges ; and at every such term held by 
said judge of said eastern district he shall receive the sum of three hun- 
dred dollars, the same to be paid in the manner now prescribed by law 
for the payment of the expenses of another district judge while holding 
court in said district. 

Sec. 614. A district judge sitting in a circuit court shall not give a . l^ hec district 
vote in any case of appeal or error from his own decision, but m ay cases ^f* ^appeal 
assign the reasons for such decision : Provided, That such a cause may, or error to their 
by consent of parties, be heard and disposed of by him when holding a own decisions, 
circuit court sittiug alone. When he holds a circuit court with either 
of the other judges, the judgment or decree in such cases shall be ren- 
dered iu conformity with the opinion of the presiding justice or judge. 

Sec. 615. When it appears in any civil suit in any circuit court that When suits 
all of the judges thereof who are competent by law to try said case are transferred from 
in any way interested therein, or have been of counsel for either party, °" e circui tto an- 
or are so related or connected with either party as to render it, in the ° er ' 
opinion of the court, improper for them to sit iu such trial, it shall be 
the duty of the court, on the application of either party, to cause the 
fact to be entered on the records, and to make an order that an authen- 
ticated copy thereof, with all the proceedings in the case, shall be forth- 
with certified to the most convenient circuit court in the next adjoining 
State or in the next adjoining circuit ; and said court shall, upon the 
filing of such record and order with its clerk, take cognizance of and 
proceed to hear aud determine the case, in the same manner as if it 
had been rightfully and originally commenced therein ; and the proper 
process for the due execution of the judgment or decree rendered in 
the cause shall run into and may be executed in the district where such 
judgment or decree was rendered, and also into the district from which 
the cause was removed. 

Sec. 616. The circuit justice, or the circuit judge of any circuit, may Cause certified 
order any civil cause, which is certified into any court of the circuit Dack - 
under the provisions of the preceding section, to be certified back to the 
court whence it came; and then the latter shall proceed therein as if 
the cause had not been certified from it: Provided, That if, for any 
reason, it shall be improper for the judges of such court to try the cause 
so certified back, it shall be tried by some other judge holding such 
court, pursuant to the provisions of the next section. 

Sec. 617. Whenever a circuit justice deems it advisable, on account Justices may 
of his disability or absence, or of his having been of counsel, or being ^er cirouits on 
interested in any case pending in the circuit court for any district in request. 
his circuit, or of the accumulation of business therein, or for any other 
cause, that said court shall be held by the justice of auy other circuit, 
he may, in writing, request the justice of any other circuit to hold the 
same, during a time to be named in the request ; and such request shall 
be entered upon the journal of the circuit court so to be holden. There- 
upon it shall be lawful for the justice so requested to hold such court, 
and to exercise within and for said district, during the time named in • 

said request, all the powers of the justice of such circuit. 

8EC. 61*. Whenever, by reason of death or resignation, no justice is "When no jus- 
allotted to a circuit, the Chief Justice of the Supreme Court may make tic ? is allotted to 
a request as provided in the preceding section, which shall have effect acircult - 
in like manner until a justice is allotted to such circuit. 



140 

CIRCUIT COURT— JURISDICTION. 



Sec. 

629. Jurisdiction. 

630. In bankruptcy. 

631 Appeals in admiralty causes. 

632. Copies of proofs and entries certified to ap- 

pellate court. 

633. Writ of error to judgment of district courts. 

634. Circuit court in and for the three districts of 

Alabama. 

635. "Writs of error and appeals within one year. 

636. Judgment or decree on review. 

637. Jurisdiction of cases transferred from district 

courts on account of disability, &c. 

638. Courts always open for certain purposes. 

639. Removal of suits against aliens, &c, where 

amount of $500 in dispute. 

640. Eemoval of suits against corporations organ- 

ized under a law of the United States. 

641. Eemoval of causes against persons denied 

any civil right, &c. 

642. When petitioner is in actual custody of State 

court. 



Sec. 

643. Removal of suits and prosecutions against 

revenue officers and officers acting under 
registration laws. 

644. Removal of suits by aliens in a particular 

case. 

645. When copies of records are refused by clerk 

of State court. 

646. Attachments, injunctions, and indemnity 

bonds to remain in force after removal. 

647. Removal of suits where parties claim land 

under titles from different States. 

648. Issues of fact ; when to be tried by jury. 

649. Issues of fact tried by the court. 

650. Division of opinion in civil causes ; decision 

by presidiug judge. 

651 . Division of opinion in criminal causes ; certi- 

ficate. 

652. Division of opinion in civil causes ; certificate. 
660. Effect of altering terms of circuit courts. 



Title 13, Cliap. 7. Sec. 629. The circuit courts shall have original jurisdiction as fol- 
Jurisdiction. 

A1 V 3 rff citi f Fi rs t- Of a U suits of a civil nature at common law or in equity, where 

States r the matter in dispute, exclusive of costs, exceeds the sum or value of 

five hundred dollars, and an alien is a party, or the suit is between a 

citizen of the State where it is brought and a citizen of another State: 

Provided, That no circuit court shall have cognizance of any suit to 

recover the contents of any promissory note or other chose in action in 

favor of an assignee, unless a suit might have been prosecuted in such 

court to recover the said contents if no assignment had been made, 

except in cases of foreign bills of exchange. 

Suits in equity Second. Of all suits in equity, where the matter in dispute, exclu- 

by the United s i ve of costs, exceeds the sum or value of five hundred dollars, and the 

States. United States are petitioners. 

Suits at com- Third. Of all suits at common law where the United States, or any 
mon law by Unit- |g cer thereof suing under the authority of any act of Congress, are 

6CI k$t£lt6S 01' Old." . i jl ; l i - /y» 

cers. plaintiffs. 

Suits under im- Fourth. Of all suits at law or in equity, arising under any act pro- 
port, iternal-rey- viding for revenue from imports or tonnage, except civil causes of ad- 
enue, and postal m j ra ity and maritime jurisdiction, and seizures on land or on waters 
not within admiralty and maritime jurisdiction, and except suits for 
penalties and forfeitures; of all causes arising under any law providing 
internal revenue, and of all causes arising under the postal laws. 
Suits for the en- Fifth. Of all suits and proceedings for the enforcement of any pen- 
forcement of pen- a ities provided bylaws regulating the carriage of passengers in mer- 
alties> chant-vessels. [See § 4270, R. S.] 

Condemnation Sixth. Of all proceedings for the condemnation of property taken as 
w P ^ peit -Ll 1 - 8ed prize, in pursuance of section fifty-three hundred and. eight, Title 
ary purposes " Insurrection." [See § $ 5308, 5309.] 

Suits under Seventh. Of all suits arising under any law relating to the slave- 
slave-trade laws, trade. 

Suits on deb en- Eighth. Of all suits by the assignee of any debenture for drawback 

tures. of duties, issued under any law for the collection of duties against the 

person to whom such debenture was originally granted, or against any 

indorser thereof, to recover the amount of such debenture. 

Patent and Ninth. Of all suits at law or in equity arising under the patent or 

copyright suits. C op yr ight laws of the United States. 

Suits against Tenth. Of all suits by or against any banking association established 

national banks. j n the district for which the court is held, under any law providing for 

national banking associations. 

Suits to enjoin Eleventh Of all suits brought by [or against*] any banking associa- 

** ^ c ° m P troller tion established in the district for which the court is held, under the 

of the Currency. prov isions of Title " The National Banks," to enjoin the Comptroller 

of the Currency, or any receiver acting under his direction, as provided 

by said title. [See § 5237, E. S.] 

* Struck out by act of February 18, 1875. 



141 

Twelfth. Of all suits brought by any person to recover damages for Suits for inju- 
any injury to his person or property on account of any act done by him, ri< : SO j accoun t of 
under any law of the United States for the protection or collection of fa W s s f n t ^ e u un£ 
any of the revenues thereof, or to enforce the right of citizens of the ted States. 
United States to vote in the several States. 

Thirteenth. Of all suits to recover possession of any office, except that Suits to recover 
of elector of President or Vice-Presideut, Representative or Delegate in offices. 
Congress, or member of a State legislature, authorized by law to be 
brought, wherein it appears that the sole question touching the title to 
such office arises out of the denial of the right to vote to any citizen 
offering to vote, on account of race, color, or previous condition of serv- 
itude: Provided, That such jurisdiction shall extend only so far as to 
determine the rights of the parties to such office by reason of the denial 
of the right guaranteed by the Constitution of the United States, and 
secured by any law to enforce the right of citizens of the United States 
to vote iu all the States. [See § 2010, Elective Franchise.] 

Fourteenth. Of all proceedings by the writ of quo warranto, pros- Suits for re- 
ecuted by any district attorney, for the removal from office of any per- moval of officers 
son holding office, except as a member of Congress or of a State legis- J*°H*?j!| contrary 
lature, contrary to the provisions of the third section of the fourteenth m 6ntt amen d- 
article of amendment of the Constitution of the United States. [See 
o 1786, Vacancies in Departments.] 

Fifteenth. Of all suits to recover pecuniary forfeitures under any act 1 ^ llits ^ or P en * 
to enforce the right of citizens of the United States to vote in the sev- ? enforce VleS 
eral States. ive franchise. 

Sixteenth. Of all suits authorized by law to be brought by any person Suits to redress 

to redress the deprivation, under color of any law, statute, ordinance, ^. e J^ 1Tatlo °. oi: ' 

regulation, custom, or usage of any State, of any right, privilege, or [ n % Constitution 

immunity, secured by the Constitution of the United States, or of any and laws to per- 

right secured by any law providing for equal rights of citizens of the s°. n s within juris- 

United States, or of all persons within the jurisdiction of the United ^ 9.^°^ ° f the 

, , ro 1. ~r. ir»~n /"m n -i United states. 

States. [See $o 19//, 19/9, Civil Eights.] 

Seventeenth. Of all suits authorized by law to be brought by any per- s u x * s . °. n ac " 
son on account of any injury to his person or property, or of the depriva- b°y D conspirators 
tiou of any right or privilege of a citizen of the United States, by any in certain cases. 
act done in furtherance of any conspiracy mentioned in section nineteen 
hundred and eighty, Title "Civil Eights." „ . 

Eighteenth. Of all suits authorized by law to be brought against any pe^ins h *f* \ ™l 
person who, having knowledge that any of the wrongs mentioned in knowledge of 
section nineteen hundred and eighty, are about to be done, and, having conspiracy, &c. 
power to prevent or aid in preventing the same, neglects or refuses so 
to do, to recover damages for any such wrongful act. [See § 19esl, Civil 
Eight.-.] 

Mneteenth. Of all suits and proceedings arising under section fifty- J? uits a S ains t 
three hundred and forty -four, Title "Chevies," for the punishment of ers^f ve^sels. Wn * 
officers and owners of vessels, through whose negligeuce or misconduct 
the life of any person is destroyed. 

Twentieth. Exclusive cognizance of all crimes and offenses cognizable f Crimes an d of- 
under the authority of the United States, except where it is or may be enses 
otherwise provided by law, and concurrent jurisdiction with the district 
courts of crimes and offenses cognizable therein. 

Sec. 630. The circuit courts shall have jurisdiction in matters in In Dan krnptcy. 
bankruptcy, to be exercised within the limits and in the manner pro- 
vided by law. 

Sec. 631. From all final decrees of a district court in causes of equity mif^ytauses^" 
or of admiralty and maritime jurisdiction, except prize causes, where 
the matter in dispute exceeds the sum or value of fifty dollars, exclu- 
sive of costs, an appeal shall be allowed to the circuit court next to be 
held in such district, and such circuit court is required to receive, hear, 
and determine such appeal. 

Sec. 632. In case of an appeal, as provided by the preceding section, Copies of proofs 
copies of the proofs, and of such entries and papers on file as may be jgjj to' appellate 

ary on hearing of the appeal, may be certified up to the appellate court, 
court. 



Bec. 033. Final judgments of a district court in civil actions, where ^T"* of error 
the matter in dispute exceeds the sum or value of fifty dollars, exclu- ^strict* ^nrts. 
sive of costs, may be re-examined and reversed or affirmed in a circuit 
court, holden in the same district, upon a writ of error. 



142 

Circuit court in Sec. 634. The circuit court in and for the three districts of Alabama 
districts of aS ?^ a11 exercise appellate and revisory jurisdiction of the decrees and 
baroa. judgments of the district courts for the said districts, under the laws 

conferring and regulating the jurisdiction, powers, and practice of 
circuit courts in cases removed into such courts by appeal or writ of 
error. 
Writs of error g EC . 635. No judgment, decree, or order of a district court shall bo 
fu onevear lt reviewed b y a circuit court, on writ of error or appeal, unless the writ 
of error is sued out, or the appeal is taken, within one year after the 
entry of such judgment, decree, or order : Prodded, That where a party 
entitled to prosecute a writ of error or to take an appeal is an infant, 
or non compos mentis, or imprisoned, such writ of error may be prose- 
cuted, or such appeal may be taken, within one year after the entry of 
the judgment, decree, or order, exclusive of the term of such disability. 
j_See § 1008/] 
Judgment or Sec. 636. A circuit court may affirm, modify, or reverse any judgment, 
decree on review. d ecr ee, or order of a district court brought before it for review, or may 
direct such judgment, decree, or order to be rendered, or such further 
proceedings to be had by the district court, as the justice of the case 
may require. 
Jurisdiction of g EC 537 \yh eil any cause, civil or criminal, of whatever nature, is 
from d a i" b trTct remove ^ i Q *o a circuit court, as provided by law, from a district court 
courts on account wherein the same is cognizable, on account of the disability of the 
of disability, &c. judge of such district court, or by reason of his being concerned in inter- 
est therein, or having been of counsel for either party, or being so related 
to or connected with either party to such cause as to render it improper, 
in his opinion, for him to sit on the trial thereof, such circuit court shall 
have the same cognizance of such cause, and in like manner, as the said 
district court might have, or as said circuit t might have if the same 
had been originally and lawfully commenced therein ; and shall proceed 
to hear and determine the same accordingly. 
Courts always g EC , (538. The circuit courts, as courts of equity, shall be deemed 
purposes. c ain always open for the purpose of filing any pleading, of issuing and re- 
turning mesne and final process, and of making and directing all inter- 
locutory motions, orders, rules, and other proceedings, preparatory to 
the hearing, upon their merits, of all causes pending therein. And any 
judge of a circuit court may, upon reasonable notice to the parties, make, 
and direct and award, at chambers or in the clerk's office, and in vaca- 
tion as well as in term, all such process, commissions, orders, rules, and 
other proceedings, whenever the same are not grantable, of course, ac- 
cording to the rules and practice of the court. 
Removal o f Sec. 639. Any suit commenced in any State court, wherein the amount 
suits against j n dispute, exclusive of costs, exceeds the sum or value of five hundred 
amount of fsoo^n dollars, to be made to appear to the satisfaction of said court, may be 
dispute. removed, for trial, into the circuit court, for the district where such suit 

is pending, next to be held after the filing of the petition for such removal 
hereinafter mentioned, in the cases and in the manner stated in this 
section. 

First. When the suit is against an alien, or is by a citizen of the State 
wherein it is brought, and against a citizen of another State, it may be 
removed on the petition of such defendant, filed in said State court at 
the time of entering his appearance in said State court. 

Second. When the suit is against au alien aud a citizen of the State 
wherein it is brought, or is by a citizen of such State against a citizen 
of the same, aud a citizen of another State, it may be so removed, as 
against said alien or citizen of another State, upon the petition of such 
defendant, filed at any time before the trial or final hearing of the 
cause, if, so far as it relates to him, it is brought for the purpose of 
restraining or enjoining him, or is a suit in which there can be a final 
determination of the controversy, so far as concerns him, without the 

* Sec. 1008. No judgment, decree, or order of a circuit or district court, in any civil 
action, at law or in equity, shall be reviewed iu the Supreme Court, on writ of error 
or appeal, unless the writ of error is brought, or the appeal is taken, within two years 
after the entry of such judgment, decree, or order : Provided, That where a party en- 
titled to prosecute a writ of error or to take an appeal is an iufant, insane person, or 
imprisoned, such writ of error may be prosecuted, or such appeal may be taken, witbin 
two years after the judgment, decree, or order, exclusive of the term of such dis- 
ability. 

t The word court omitted in the Roll. 



143 

presence of the other defendants as parties in the cause. Bat such 
removal shall not take away or prejudice the right of the plaintiff to 
proceed at the same time with the suit in the State court, as agaiust^the 
other defendants. 

Third. When a suit is between a citizen of the State in which it is 
brought and a citizen of another State, it may he so removed on the 
petition of the latter, whether he be plaintiff or defendant, filed at any 
time before the trial or final hearing of the suit, if, before or at the time 
of filing said petition, he makes and files in said State court an affidavit, 
stating that he has reason to believe and does believe that, from preju- 
dice or local influence, he will not be able to obtain justice in such State 
court. 

In order to such removal, the petitioner in the cases aforesaid must, 
at the time of filing his petition therefor, offer in said State court good 
and sufficient surety for his entering in such circuit court, on the first 
day of its session, copies of said process against him, and of all plead- 
ings, depositions, testimony, and other proceedings in the cause, or, in 
said cases where a citizen of the State in which the suit is brought is a 
defendant, copies of all process, pleadings, depositions, testimony, and 
other proceedings in the cause concerning or affecting the petitioner, 
and also for his there appearing and entering special bail in the cause, 
if special bail was originally requisite therein. It shall thereupon be 
the duty of the State court to accept the surety and to proceed no 
further in the cause against the petitioner, and any bail that may have 
been originally taken shall he discharged. 

When the said copies are entered as aforesaid in the circuit court, the 
cause shall there proceed in the same manner as if it had been brought 
there by original process, and the copies of pleadings shall have the 
same force and effect, in every respect and for every purpose, as the 
original pleadings would have had by the laws and practice of the 
courts of such State if the cause had remained in the State court. 

Sec. 640. Any suit commenced in any court other than a circuit or Removal of 
district court of the United States against any corporation other than a suits against cor- 
banking corporation, organized under a law of the United States, or f^iundera^aw- 
against any member thereof as such member for any alleged liability of f United States, 
such corporation, or of such member as a member thereof, may be 
removed, for trial, in the circuit court for the district where such suit is 
pending, upon the petition of such defendant, verified by oath, stating 
that such defendant has a defense arising under or by virtue of the 
Constitution or of any treaty or law of the United States. Such re- 
moval, in all other respects, shall be governed by the provisions of the 
preceding section. 

Six. 641. When auy civil suit or criminal prosecution is commenced Removal of 
in auy State court, for any cause whatsoever, against any person w h B prso e 9 S denied 
is denied or cauuot enforce in the judicial tribunals of the State, or in all civil ri«ht, &c. 
the part of the State where such suit or prosecution is pending, any 
right secured to him by any law providing for the equal civil rights of 
citizens of the United States, or of all persons within the jurisdiction 
of the United States, or against any officer, civil or military, or other 
person, for any arrest or imprisonment or other trespasses or wrongs, 
made or committed by virtue of or under color of authority derived from 
any law providiug for equal rights as aforesaid, or for refusing to do 
any act on the ground that it would be inconsistent with such law, such 
suit or prosecution may, upon the petition of such defendant, filed in 
said State court, at any time before the trial or final hearing of the 
cause, stating the facts and verified by oath, be removed for trial, into 
the next circuit court to he held in the district where it is pending. 
Upon the filing of such petition all further proceedings in the State 
courts shall cease, and shall not be resumed except as hereinafter pro- 
vided. But all bail and other security given in such suit or prosecution 
shall continue in like force and effect as if the same had proceeded to 
final judgment and execution in the State court. It shall be the duty of 
the clerk of the State court to furnish such defendant, petitioning for a 
removal, copies of said process against him, and of all pleadings, depo- 
sition*, testimony, and other proceedings in the case. If such copies are 
filed by said petitioner in the circuit court on the first day of its session, 
the cause shall proceed therein in the same manner as if it had been 
brought there by original process; and if the said clerk refuses or neg- 
lects to furnish such copies, the petitioner may thereupon docket the 



144 

case in the circuit court, and the said court shall then have jurisdiction 
therein, and may, upon proof of such refusal or neglect of said clerk, 
and upon reasonable notice to the plaintiif, require the plaintiff to file 
a declaration, petition, or complaint in the cause; and, in case of his 
default, may order a nousuit and dismiss the case at the costs of the 
plaintiff, and such dismissal shall he a bar to any further suit touching 
the matter in controversy. But if, without such refusal or neglect of 
said clerk to furnish such copies and proof thereof, the petitioner for 
removal fails to file copies in the circuit court as herein provided, a 
certificate, under the seal of the circuit court, stating such failure, shall 
be given, and upon the production thereof in said State court, the cause 
shall proceed therein as if no petition for a removal had been filed. 
[See $ 1977, Civil Eights.] 
When petition- Sec. 642. When all the acts necessary for the removal of any suit or 
er is in actual prosecution, as provided in the preceding section, have been performed, 
custody of State an( j the defendant petitioning for such removal is in actual custody on 
court. process issued by said State court, it shall be the duty of the clerk of 

said circuit court to issue a writ of habeas corpus cum causa, and of the 
marshal, by virtue of said writ, to take the body of the defendant into 
his custody, to be dealt with in said circuit court according to law and 
the orders of said court, or, in vacation, of any judge thereof; and the 
marshal shall file with or deliver to the clerk of said State court a dupli- 
cate copy of said writ. 
Removal of Sec. 643. When any civil suitor criminal, prosecution is commenced 
suits and prose- in any court of a State against any officer appointed under or acting by 
cubons against authority of any revenue law of the United States now or hereafter en- 
and officers act- acted, or against any person acting under or by authority of any such 
ing under regis- officer, on account of any act done under color of his office or of any 
tration laws. such law, or on account of any right, title, or authority claimed by such 
officer or other person under any such law; or is commenced against 
any person holding property or estate by title derived from any such 
officer, and affects the validity of any such revenue law ; or is com- 
menced against any officer of the United States, or other person, on 
account of any act done under the provisions of Title XXVI, "The 
Elective Franchise," or on account of any right, title or authority 
claimed by such officer or other person under any of the said provisions, 
the said suit or prosecution may, at any time before the trial or final 
hearing thereof, be removed for trial into the circuit court next to be 
holden in the district where the same is pending, upon the petition of 
such defendant to said circuit court, and in the following manner : Said 
petition shall set forth the nature of the suit or prosecution, and be veri- 
fied by affidavit ; and, together with a certificate signed by an attorney 
or counselor at law of some court of record of the State where such suit 
or prosecution is commenced, or of the United States, stating that, as 
counsel for the petitioner, he has examined the proceedings against 
him, and carefully inquired into all the matters set forth in the petition, 
and that he believes them to be true, shall be presented to the said 
circuit court, if in session, or if it be not, to the clerk thereof at his 
office, and shall be filed in said office. The cause shall thereupon be 
entered on the docket of the circuit court, and shall proceed as a cause 
originally commenced in that court; but all bail and other security 
given upon such suit or prosecution shall continue in like force and 
effect as if the same had proceeded to final judgment and execution in 
the State court. When the suit is commenced in the State court by 
summons, subpoena, petition, or another process except capias, the clerk 
of the circuit court shall issue a writ of certiorari to the State court, 
requiring it to send to the circuit court the record and proceedings in 
the cause. When it is commenced by capias, or by any other similar 
form of proceeding by which a personal arrest is ordered, he shall issue 
a writ of habeas corpus cum causa, a duplicate of which shall he deliv- 
ered to the clerk of the State court, or left at his office, by the marshal 
of the district, or his deputy, or by some person duly authorized thereto, 
and thereupon it shall be the duty of the State court to stay all further 
proceedings in the cause, and the suit or prosecution, upon delivery of 
such process, or leaving the same as aforesaid, shall be held to be re- 
moved to the circuit court, and any further proceedings, trial, or judg- 
ment therein in the State court shall be void. And if the defendant in 
the suit or prosecution be in actual custody on mesne process therein, 



145 

it shall be the duty of the marshal, by virtue of the writ of habeas cor- 
pus cum causa, to take the body of the defendant into his custody, to be 
dealt with iu the cause according to law and the order of the circuit 
court, or, in vacation, of any judge thereof; and if, upon the removal of 
such suit or prosecution, it is made to appear to the circuit court that 
no copy of the record and proceedings therein in the State court can be 
obtained, the circuit court may allow and require the plaintiff to pro- 
ceed de novo, and to file a declaration of his cause of action, and the 
parties may thereupon proceed as in actions originally brought in said 
circuit court. On failure of the plaintiff so to proceed, judgment of non 
prosequitur may be rendered against him, with costs for the defendant. 

Sec. 644. Whenever a personal action has been or shall be brought Removal of 
in any State court by au alien against any citizen of a State who is, or suits by aliens in 
at the time the alleged action accrued was, a civil officer of the United a Particular case. 
States, being a non-resident of that State wherein jurisdiction is ob- 
tained by the State court, by personal service of process, such action 
may be removed into the circuit court of the United States in and for 
tbe district in which the defendant shall have been served with the 
process, in the same manner as now provided for the removal of au 
action brought in a State court by the provisions of the preceding sec- 
tiou. 

Sec. 645. In any case where a party is entitled to copies of the record When copiesof 
and proceedings in any suit or prosecution in a State court, to be used records are re- 
in any court of the United States, if the clerk of said State court, upon |"ate court* 1 * ° f 
demand, and the payment or tender of the legal fees, refuses or neglects 
to deliver to him certified copies of such records and proceedings, the 
court of tbe United States in which sucb record and proceedings are 
needed may, on proof by affidavit that the clerk of said State court has 
refused or neglected to deliver copies thereof, on demand as aforesaid, 
direct such record to be supplied by affidavit, or otherwise, as the cir- 
cumstances of the case may require and allow; and, thereupou, such 
proceeding, trial, and judgment may be had in the said court of the 
United states, and all such processes awarded, as if certified copies of 
such records and proceedings had been regularly before the said court. 

Sec. 646. When a suit is removed for trial from a State court to a cir- attachments 
cuit court, as provided in the foregoing sections, any attachment of the injunctions, and 
goods or estate of the defendant by the original process shall hold the indemnity bonds 
same to answer the final judgment, iu the- same manner as by the laws to remain in force 
of such State they would have beeu held to answer final judgment had 
it been rendered by the court in which the suit was commenced ; and 
any injunction granted before the removal of the cause against the 
defendant applying for its removal shall continue in force until modified 
ordissolved by the United States court into which the cause is removed; 
and any bond of indemuity or other obligation, given by the plaintiff 
upon the issuing or granting of any attachment, writ of injunction, or 
other restraining process, against the defendant petitioning for the re- 
moval of the cause, shall also continue in full force and may be prose- 
cuted by the defendant and made available for his indemnity incase the 
attachment, injunction, or other restraining process be set aside or dis- 
solved, or judgment be rendered in his favor, in the same manner, and 
with the same effect as if such attachment, injunction, or other restrain- 
ing process had been granted, and such bond had been originally filed 
or given in such State court. 

Sec. 647. If, in any action commenced in a State court, where the Removal "of 
title of laud is concerned, and the parties are citizens of the same State, j?? its ™h° 1 ' 6 P a ^r 
and the matter in dispute, exclusive of costs, exceeds the sum or yalue under* tt ties from 
of five hundred dollars, the sum or value being made to appear to the different States. 
satisfaction of the court, either party, before the trial, states to the 
court, and makes affidavit, if they require it, that he claims and shall 
rely upon a right or title to the land under a grant from a State other 
than that iu which the suit is pending, and produces the original grant, 
cr an exemplification of it, except where the loss of public records shall 
put it out of bis power, and moves that the adverse party inform the 
court whether he claims a right or title to the laud under a grant from 
the State in which the suit is pending, the said adverse party shall give 
such information, or otherwise not be allowed to plead such grant, or 
give it in evidence upon the trial ; and if he gives information that he 
aim under such -rant, the party claiming under the grant first 
mentioned may, on motion, remove the cause, for trial into the next cir- 
cuit court to be liolden iu the district where such suit is pending. If 

10 N L 



146 

the paity so removing the cause is defendant, the removal shall be made 
under the regulations governing removals of a cause into such court by 
an alien ; and neither party removing the cause shall be allowed to 
plead or give evidence of any other title than that- stated by him as 
aforesaid as the ground of his claim. 
Issues of fact Sec. 648. The trial of issues of fact in the circuit courts shall be by 
when to be tried jury, except in cases of equity and of admiralty and maritime jurisdie- 
byajury. tion, and except as otherwise provided in proceedings in bankruptcy, 

and by the next section. 
Issues of fact Sec. 649. Issues of fact in civil cases in any circuit court may be tried 
tried by the court, and determined by the court, without the intervention of a jury, when- 
ever the parties, or their attorneys of record, file with the clerk a stipu- 
lation in writing waiving a jury. The finding of the court upon the 
facts, which may be either general or special, shall have the same eifect 
as the verdict of a jury. [See § 700, Supreme Court.] 
Division of Sec. 650. Whenever, in any civil suit or proceeding in a circuit court 
opinion in civil held by a circuit justice and a circuit judge or a district judge, or by a 
causes ; decision circuit judge and a district judge, there occurs any difference of opinion 
^udo^ reSldin S De t ween the judges as to any matter or thing to be decided, ruled, or 
JU ge ' ordered by the court, the opinion of the presiding justice or judge shall 

prevail, and be considered the opinion of the court for the time being. 

Sec. 651. Whenever any question occurs on the trial or hearing of any 
criminal proceeding before a circuit court upon which the judges are 
divided in opinion, the point upon which they disagree shall, during the 
same term, upon the request of either party, or of their counsel, be 
stated under the direction of the judges, and certified, under the seal of 
the court, to the Supreme Court at their next session ; but nothing herein 
contained shall prevent the cause from proceeding if, in the opinion of 
the court, further proceedings can be had without prejudice to the mer- 
its. Imprisonment shall not be allowed nor punishment inflicted in any 
case where the judges of such court are divided in opinion upon the 
question touching the said imprisonment or punishment. [See § 697.] 
D i v i s ion of Sec. 652. When a final judgment or decree is entered in any civil suit 
opinion in civil or proceeding before any circuit court held by a circuit justice and a 
causes; certifi- circuit judge or a district judge, or by a circuit judge and a district 
judge, in the trial or hearing whereof any question has occurred upon 
which the opinions of the judges were opposed, the point upon which 
they so disagreed shall, during the same term, be stated under the direc- 
tion of the judges, and certified, and such certificate shall be entered of 
record. [See § 693, Supreme Court.] 
Effect of alter- Sec. 660. No action, suit, proceeding, or process in any circuit court 
ing terms of cir- shall abate or be rendered invalid by reason of any acfc changing the 
cuit courts. time of holding such court ; but the same shall be deemed to 'be return- 

teriiff terms 8 a ^ e ^°> P en ding, and triable in the terms established, next after the 
return day thereof. 

[Sections 653, 654, 655, and 656 relate to the circuit court of Missouri, 
and 657 to the circuit court of New York.] 

SUPREME COURT — ORGANIZATION. 

Sec. • Sec. 

673. Number of justices. 676. Salaries. 

674. Precedence of the associate justices. 684. Terms. 

675. Vacancy in the office of Chief Justice. 

Title 13, Chap/9. Sec. 673. The Supreme Court of the United States shall consist of a 
~ 7 7~~. Chief Justice of the United States and eight associate justices, any six 
ticeT JUS " of whom sba11 constitute a quorum. 

Precedence of Sec. 674. The associate justices shall have precedence according to 
the associate jus- the dates of their commissions, or, when the commissions of two or more 
tices. of them bear the same date, according to their ages. 

Vacancy in the Sec. 675. In case of a vacancy in the office of Chief Justice, or of his 
office of Chief inability to perform the duties and powers of his office, they shall de- 
Justice, volve upon the associate justice who is first in precedence, until such 
disability is removed, or another Chief Justice is appointed and duly 
qualified. This provision shall apply to evej?y associate justice who suc- 
ceeds to the office of Chief Justice. 
Salaries of Sec. 676. The Chief Justice of the Supreme Court of the United 
judges. States shall receive the sum of ten thousand five hundred dollars a year, 
and the justices thereof shall receive the sum of ten thousand dollars a 
year each, to be paid monthly. 



147 



Terms. 



Sec. 684. The Supreme Court shall hold, at the seat of Government, Title 13, Chap.lO. 
one term annually, commencing on the second Monday in October, ami 
such adjourned or special terms as it may fiud necessary for the dispatch 
of business; and suits, proceedings, recognizances, and processes pend- 
ing in or returnable to said court shall be tried, heard, and proceeded 
with* as if the time of holding said sessions had not been hereby altered. 



SUPEEME COURT — JURISDICTION. 



Sec. 

6S7. Original jurisdiction. 

668. Writs of prohibition and mandamus. 

689. Issues of fact. 

690. Appellate jurisdiction. 

691. Judgments in circuit court on writ of error. 

692. Appeals iu equity and admiralty cases. 

693. Eeview of decisions of circuit court on cer- 

tificate of division of opinion. 

694. Cases pending in Supreme Court from middle 

and northern districts of Alabama. 

695. Appeals in prize causes. 

696. Appeals in prize causes remaining in circuit 

courts. 

697. Points certified on division of opinion in a 

circuit court. 

698. Transcripts on appeals. 

699. Writs of error and appeals, without refer- 

ence to amount. 



Sec, 
700. 



703. 



Cases tried by the circuit court, without the 
intervention of a jury. 

Judgment or decree on review. 

Writs of error and appeals from territorial 
courts. 

When a Territory becomes a State after judg- 
ment or decree in territorial court. 

704. Judgments and decrees of district courts in 
cases transferred from territorial courts. 

705. Judgments and decrees of supreme court of 
District of Columbia. 

706. Cases where matter in dispute exceeds $100. 

707. Appeals from the Court of Claims. 

708. Time and manner of appeals from the Court 
of Claims. 

709. Judgments and decrees of State courts on 
writ of error. 

710. Precedence of writs of error to State courts 
in criminal cases. 

Sec. 6S7. The Supreme Court shall have exclusive jurisdiction of all TitleJ3, Chap.ll" 
controversies of a civil nature where a State is a party, except between v . . . v 
a State and its citizens, or between a State and citizens of other States, diction^ JU11S * 
or aliens, in which latter cases it shall have original, but not exclusive, 
jurisdiction. And it shall have exclusively all such jurisdiction of suits 
or prcc -edngs against embassadors, or other public ministers, or their 
domestics, or domestic servants, as a court of law can have consistently 
vrith the law of nations ; and original, but not exclusive, jurisdiction of 
all suits brought by embassadors, or other public ministers, or in which 
a consul or vice-consul is a party. [See §§ 4063-4066, Foreigx Rela- 
tions.] 

Sec. 6S8. The Supreme Court shall have power to issue w r rits of pro- Writs of prohi- 
hibition to the district courts, when proceeding as courts of admiralty bition and nian- 
and maritime jurisdiction; and writs of mandamus, in cases warranted. <l amus - 
by the principles and usages of law, to any courts appointed under the 
authority of the United Spates, or to persons holding office under the 
authority of the United States, where a State, or an embassador, or 
other public minister, or a consul or vice-consul is a party. 

Sec. 689. The trial of issues of fact in the Supreme Court, in all issues of fact, 
actions at law against citizens of the United States, shall be by jury. 

Sec. 690. The Supreme Court shall have appellate jurisdiction in the Appellate juris- 
easea hereinafter specially provided for. diction. 

Sec. 691. All final judgments of any circuit court, or of any district ^do-ments in 
court acting as a circuit court, in civil actions brought there by origi- circuit court, on 
nal process, or removed there from courts of the several States, and all writ of error, 
final judgments of any circuit court in civil actions removed there from 
any district court by appeal or writ of error, where the matter in dis- 
pute, exclusive of costs, exceeds the sum or value of two thousand dol- 
lars, may be re-examined and reversed or affirmed in the Supreme Court, 
upon a writ of error. 

Sec. 692. An appeal shall be allowed to the Supreme Court from all Appeals in 
final decrees of any circuit court, or of any district court acting as a equity and admi- 
circuit court, in cases of equity, and of admiralty and maritime jurisdic- raltycases - 
tion, where the matter in dispute, exclusive of costs, exceeds the sum 
or value of two thousand dollars, and the Supreme Court is required to 
receive, hear, and determine such appeals. 

Sec. 693. Anv final judgment or decree, in any civil suit or proceed- Review of de- 
cisions of circuit 



court on certifi- 



ing before a circuit court which was held, at the time, by a circuit jus- 
tice and a circuit judge or a district judge, or by the circuit judge and ca 
a district judge, wherein the said judges certify as provided by law, that of opinion. 
their opinions were opposed upon any question w r hich occurred on the 
trial or hearing of the said suit or proceeding, may be reviewed and 
affirmed or reversed or modified by the Supreme Court, on writ of error 
or appeal, according to the nature of the case, and subject to the pro- 
visions of law applicable to other writs of error or appeals in regard to 
bail and supersedeas. [See £ 652, p. 146.] 



148 

Cases pending Sec. 694. Nothing in the act of March three, eighteen hundred and 
fro^ P mTddle°aiid seven ty-three, relating to the circuit and district courts for the middle 
northern dis- ai1 ^ northern districts of Alabama, shall affect the jurisdiction of the 
tricts of Ala- Supreme Court to hear and determine any cause or proceeding pending 
bama. in said court at the date of said act on writ of error or appeal from the 

district courts of either of said districts. 
Appeals in prize Sec. 695. An appeal shall be allowed to the Supreme Court from all 
causes. final decrees of any district court in prize causes, where the matter in 

dispute, exclusive of costs, exceeds the sum or value of two thousand 
dollars; and shall be allowed, without reference to the value of the 
matter in dispute, on the certificate of the district judge that the adjudi- 
cation involves a question of general importance. And the Supreme 
Court shall receive, hear, and determine such appeals and shall always 
be open for the entry thereof. [See § 1009, Prize.] 
Appeals in Sec. 696. An appeal shall be allowed to the Supreme Court from all 
prize causes re- fi lia i decrees of any circuit court in prize causes depending therein on 
cultcourts" ° ir ^e thirtieth day of June, eighteen hundred and sixty-four, in the same 
manner, and subject to the same conditions as appeals in prize causes 
from the district courts. 
Points certified Sec. 697. When any question occurs on the hearing or trial of any 
on division of criminal proceeding before a circuit court, upon which the judges are 
opinion in a cir- divided in opinion, and the point upon which tbey disagree is certified 
to the Supreme Court according to law, such point shall be finally de- 
cided by the Supreme Court ; and its decision and order in the premises 
shall be remitted to such circuit court, auel be there entered of record, 
and shall have effect according to the nature of the said judgment and 
order. [See § 651, page 146.] 
Transcripts on Sec. 698. Upon the appeal of any cause in equity, or of admiralty and 
appeals. maritime jurisdiction, or of prize or no prize, a transcript of the record, 

as directed by law to be made, and copies of the proofs, and of such en- 
tries and papers on file as may be necessary on the hearing of the ap- 
peal, shall be transmitted to the Supreme Court : Provided, That either 
the court below or the Supreme Court may order any /original document 
or other evidence to be sent up, in addition to the copy of the record, or 
in lieu of a copy of a part thereof. And on such appeals no new evi- 
dence shall be received in the Supreme Court, except in admiralty and 
prize causes. [See § 750, page 155.] 
"Writs of error Sec. 699. A writ of error may be allowed to review any final judg- 
and appeals, ment at law, and an appeal shall be allowed from an y final decree in 
without refer- equity hereinafter mentioned, without regard to the sum or value in 
ence to amount. d & &, . 

Patent and First. Any final judgment at law or final decree iu equity of any cir- 

copyright cases, cuit court, or of any district court acting as a circuit court, or of the 

supreme court of the District of Columbia, or of any Territory, in any 

case touching patent-rights or copyrights. 

Actions for en- Second. Any final judgment of a circuit court, or of any district court 

forcement of any ac ting as a circuit court, in any civil action brought by the United States 

revenue law. f or t ^ e erj f orcem6D t of any revenue law thereof. 

Actions against Third. Any final judgment of a circuit court, or of any district court 
revenue officers. ac tjrjg as a circuit court, in any civil action against any officer of the 
• revenue for any act done by him in the performance of his official duty, 

or for the recovery of any money exacted by or paid to him which shall 
have been paid into the Treasury. 
Cases on ac- Fourth. Any final judgment at law or final decree in equity of any 
count of depriva- c i rcur t court, or of any district court acting as a circuit court, in any 
citizens orunder case brought on account of the deprivation of any right, privilege, or 
the Constitution, immunity secured by the Constitution of the United States, or of any 
right or privilege of a citizen of the United States. 
Suits for inju- Fifth. Any final judgment of a circuit court, or of any district court 
ries by conspira- ac ting as a circuit court, in any civil action brought by auy person on 
rights gamSt C1V account of injury to his person or property by any act done in further- 
ance of any conspiracy mentioned in section nineteen hundred and 
eighty, Title " Civil Rights.' 7 
Cases tried by Sec. 700. When an issue of fact in any civil cause in a circuit court is 
the circuit court tried ancl determined by the court without the intervention of a jury, ac- 
without the inter- cor( ii n g ^o section six hundred and forty-nine, the rulings of the court in 
ajuiy * the progress of the trial of the cause, if excepted to at the time, and duly 
presented by a bill of exceptions, may be reviewed by the Supreme Court 
upon a writ of error or upon appeal ; and when the finding is special the 



149 

review may extend to the determination of the sufficiency of the facts 
found to support the judgment. [See § 649, page 146.1 

Sec. 701. The Supreme Court may affirm, modify, or reverse any Judgment or 
judgment, decree, or order of a circuit court, or district court acting as decree ou review. 
a circuit court, or of a district court in prize causes, lawfully brought 
before it for review, or may direct such judgment, decree, or order to 
be rendered, or such further proceedings to be had by the inferior court, 
as the justice of the case may require. The Supreme Court shall not 
issue execution in a cause removed before it from such courts, but shall 
send a special mandate to the inferior court to award execution there- 
upon. 

Sec. 702. The final judgments and decrees of the supreme court of any Writs of error 
Territory, except the Territory of Washington, in cases where the value * nd appeals from 
of the matter in dispute, exclusive of costs, to be ascertained by the eri1 oria courts - 
oath of either party, or of other competent witnesses, exceeds one thou- 
sand dollars, may be reviewed and reversed or affirmed in the Supreme 
Court, upon writ of error or appeal, in the same manner and under the 
same regulations as the final judgments and decrees of a circuit court. 
In the Territory of "Washington the value of the matter in dispute must 
exceed two thousand dollars, exclusive of costs. And any final judgment 
or decree of the supreme court of said Territory in any cause* the Con- 
stitution or a statute or treaty of the United States is brought in ques- 
tion may be reviewed in like manner. [See §§ 1909, 1911, E. S.] 

Sec. 703. In all cases where the judgment or decree of any court of a When a Terri- 
Teiritory might be reviewed by the Supreme Court on writ of error or *° ry . ^o™® 8 a 
appeal, such writ of error or appeal may be taken, within the time and m ent or decree m 
in the manner provided by law, notwithstanding such Territory has, territorial court, 
after such judgment or decree, been admitted as a State ; and the Su- 
preme Court shall direct the mandate to such court as the nature of the 
writ of error or appeal requires. 

Sec. 704. The judgments or decrees of auy district court, in cases Judgments and 
transferred to it from the superior court of any Territory, upon the ad- + e -^ e ^ s its in* 
mission of such Territory as a State, under sections five hundred and cases transferred 
sixty-seven and five hundred and sixty-eight, may be reviewed and re- from territorial 
versed or affirmed upon writs of error sued out of, or appeals taken to, courts. 
the Supreme Court, in the same manner as if such judgments or decrees 
had been rendered in said superior court of such Territory. And the 
mandates and all writs necessary to the exercise of the appellate juris- 
diction of the Supreme Court in such cases shall be directed to such dis- 
trict court, which shall cause the same to be duly executed and obeyed. 

Sec. 705. The final judgment or decree of the supreme court of the Judgments and 
District of Columbia, in any case where the matter in dispute, exclusive decrees of a u - 
of costs, exceeds the value of one thousand dollars, maybe re-examined "oil™ict °of rt Co^ 
and reversed or affirmed in the Supreme Court of the United States, upon i U mbia. 
writ of error or appeal, in the same manner and under the same regula- 
tions as are provided in cases of writs of error on judgments, or appeals 
from decrees rendered iu a circuit court. 

Sec. 706. The writ of error or appeal provided by the preceding sec- Cases where 
tion may be allowed in any case where the value of the matter iu dis- matter in dispute 
pute, exclusive of costs, is less than one thousaud dollars, but more than exceedsl ? 100 - 
one hundred dollars, upon the petition in writing of either party, ac- % 

companied by a copy of the proceedings complained of, and an assign- 
ment of errors, exhibited to any justice of the Supreme Court, if said 
justice is of opinion that such errors involve questions of law of such 
extensive operation as to render a decision of them by the Supreme 
Court desirable. The allowance in such case shall be by the written 
order of said justice, directed to the clerk of the supreme "court of said 
District, to allow the appeal or issue the writ of error. 

Sec. 707. An appeal to the Supreme Court shall be allowed, on behalf Appeals from 
of the United States, from all judgments of the Court of Claims adverse the Court o f 
to the United States, and on behalf of the plaintiff in any case where Claims - 
the amount in controversy exceeds three thousand dollars, or where his 
claim is forfeited to the United States by the judgment of said court, as 
provided in section one thousand and eighty-nine. 

Sec. 708. All appeals from the Court of Claims shall be taken within Time and man- 
ninety days after the judgment is rendered, and shall be allowed under ner of appeals 
such regulations as the Supreme Court may direct. Claim? 6 C ° Urt ° f 

* The word where omitted in the Roll. 



150 

Judgments and Sec 709. A final judgment or decree in any suit in the highest court 
conrts S on wrkoi'?^ a State > in wn i c h a decision in the suit could be had, where is drawn 
error, in question the validity of a treaty or statute of, or an authority exer- 

cised under, the United States, and the decision is against their validity ; 
or where is drawn in question the validity of a statute of, or an author- 
ity exercised under any State, on the ground of their being repugnant 
to the Constitution, treaties, or laws of the United States, and the decis- 
ion is in favor of their validity ; or where any title, right, privilege, or 
immunity is claimed under the Constitution, or any treaty or statute of, 
or commission held or authority exercised under, the United States, and 
the decision is against the title, right, privilege, or immunity specially 
set up or claimed, by either party, under such Constitution, treaty, stat- 
ute, commission, or authority, may be re-examined and reversed or 
affirmed in the Supreme Court upon a writ of error. The writ shall have 
the same effect as if the judgment or decree complained of had been 
rendered or passed in a court of the United States; [and the proceed- 
ing upon the reversal shall be the same, except that the Supreme Court 
may, at their discretion, proceed to a final decision of the case, and 
award execution, or remand the same to the court from which it was so 
removed.]* 

The Supreme Court may [re-affirm*] reverse, modify, or affirm the 
judgment or decree of such State court, and may, at their discretion, 
award execution, or remand the same to the court from which it was re- 
moved by the writ. 
Precedence of Sec. 710. Cases on writ of error, to revise the judgment of a State 
writs of error to cour ^ j n ailv criminal case, shall have precedence, on the docket of the 
crhxdnal°cases. Supreme Court, of all cases to which the Government of the United 
States is not a party, excepting only such cases as the court, in its dis- 
cretion, may decide to be of public importance. 

An act concerning the practice in territorial courts, and appeals therefrom. 
****** * 

April 7, 1874. Sec. 2. That the appellate jurisdiction of the Supreme Court of the 

~" 7 ,, , . ~ United States over the judgments and decrees of said territorial courts 

diction of^" 8 -! 11 cases of trial by jury shall be exercised by writ of error, and in all 
preme Court of other cases by appeal according to such rules and regulations as to form 
united States, nll ([ modes of proceeding as the said Supreme Court have prescribed or 
how exercised. ma ^ h erea ft er prescribe : Provided, That on appeal, iustead of the evi- 
appeal. a dence at large, a statement of the facts of the case in the nature of a 
special verdict, and also the rulings of the court on the admission or 
rejection of evidence when excepted to, shall be made and certified by 
the court below, and transmitted to the Supreme Court together with 
the transcript of the proceedings and judgment or decree ; but no appel- 
late proceedings in said Supreme Court, heretofore taken upon any such 
judgment or decree, shall be invalidated by reason of being instituted 
Proviso. by writ of error or by appeal : And provided further, That the appellate 

court may make any order in any case heretofore appealed, which may 
be necessary to save the rights of the parties ; and that this act shall 
not apply to cases now pending in the Supreme Court of the United 
States where the record has already been filed. 
Approved, April 7, 1874. 

An act to facilitate the disposition of cases in the Supreme Court of the United 
States, and for other purposes. 

Feb. 16, 1875. Be it enacted by the Senate and House of Representatives of the United 

■ Stales of America in Congress assembled, That the circuit courts of the 

Separate find-yjuited States, in deciding causes of admiralty and maritime jurisdic- 
conchisions^of tion on the instance-side of the court, shall find the facts and the con- 
law, in admiralty elusions of law upon which it renders its judgments or decrees, and 
cases in circuit shall state the facts and conclusions of law separately. And in finding 
court - the facts as before provided, said court may, upon the consent of the 

parties who shall have appeared and put any matter of fact in issue, 
and subject to such general rules in the premises as shall be made and 
Juryimpaneled provided from time to time, impanel a jury of not less than five and not 
by consent. more than twelve persons, to whom shall be submitted the issues of fact 

in such cause, under the direction of the court, as in cases at, common 
Finding of jury. law. And the finding of such jury, unless set aside for lawful cause, 
shall be entered of record, and stand as the finding of the court, upon 
which judgment shall be entered according to law. The review of the 

* Words in brackets struck out by act of February 18, 1375. 



151 

judgments and decrees entered upon such findings by the Supreme Review by Su- 
Court, upon appeal, shall be limited t > a determination of the questions P rei _ l Y? 9 our c ; 
of law arising upon the record, aud to snch rulings of the circuit court, Jvr lun ec ' 
excepted to at the time, as may be presented by a bill of exceptions, 
prepared as in actions at law. 

Sec. 2. That said courts, when sitting in equity for the trial of patent Jury in patent 
causes, may impanel a jury of not less than five and not more than cases hea. rd in 
twelve persons, subject to such general rules in the premises as may, courtf cirom1i 
from time to time, be made by the Supreme Court, and submit to them 
such questions of fact arising in snch cause as snch circuit court shall 
deem expedient ; and the verdict of snch jury shall be treated and pro- 
ceeded upou in the same manner and with the same effect as in the case 
of issues sent from chancery to a court of law and returned with snch 
findings. 

Sec. 3. That whenever, by the laws now in force, it is required that Value of matter 
the matter in dispute shall exceed the sum or value of two thousand in dispute, neces- 
dollars, exclusive of costs, in order that the judgments and decrees of l^pVem^CouTt 111 
the circuit; courts of the United States may be re-examined in the 
Supreme Court, such judgments and decrees hereafter rendered shall 
not be re-examined in the Supreme Court unless the matter in dispute 
shall exceed the sum or value of five thousand dollars, exclusive of 
costs. 

Sec. 4. That this act shall take effect on the first day of May, eight- wi aei] act to 
een hundred and seventy-five. t ike effect. 

Approved, February 16, 1S75. 

PROVISIONS COIMON TO 3IORE THAN ONE COURT OR JUDGE. 



Sec. 
711. 

713. 
714. 

716. 
717. 
713. 
719. 

720. 

721. 

-,2± 

723. 
724. 

725. 
726. 
727. 

728. 



Exclusive jurisdiction of courts of United 
States. 

Judges prohibited from practicing law. 

Judges resigning entitled, in certain cases, to 
salary for life. 

Power to issue writs. 

Writs of ne exeat. 

Temporary restraining orders. 

Injunctions. 

Injunction to stay proceedings in State 
courts. 

Laws of the States, rules of decision. 

Proceedings, civil and criminal, in vindica- 
tion of civil rights. 

When suits in equity may be maintained. 

Power to order production of books and writ- 
ings in actions at law. 

Power to impose oaths and punish contempts. 

Xew trials. 

Power to hold to security for the peace and 
good behavior. 

Power to enforce awards of foreign consuls, 
<fcc, in certain cases. 

Offenses punishable with death, where tried. 

Offenses on the high seas, Sec., where triable. 

Offenses begun in one district and completed 
in another. 

Suits for pecuniary penalties and forfeitures, 
where to be brought. 



Sec. 

733. Suits for internal-revenue taxes, where to be 

brought. 

734. Seizures, where cognizable. 

735. Captures of insurrectionary property, where 

cognizable. 

736. Proceedings to enjoin Comptroller of the Cur - 

rency. 

737. When a part of several defendants cannot be 

served. 
733. Suits in equity against absent defendants, to 
subject property in the district. 

739. Suits against inhabitants of United States to 

be brought where they reside or are found. 

740. Suits not of a local nature in States contain- 

ing several districts. 

741. Suits of a local nature in States containing 

several districts. 

742. "When land lies in different districts of same 

State. 

746. Causes in progress of trial not discontinued 

b y arrival of new term. 

747. Parties may manage their causes personally 

or by counsel. 

743. Certain officers forbidden to practice as at- 

torneys, &c. 

749. Penalty for violating preceding section. 

750. Final record, how made in equity and admi- 

ralty causes. 



Sec. 711. The jurisdiction vested in the courts of the United States Title 13, Chap. 12. 

in the cases and proceedings hereinafter mentioned, shall be exclusive ~ ~ — : — : : — 

of the courts of the several States : risdic tToVof 

First. Of all crimes and offenses cognizable under the authority of the courts of United 
United States. States. 

Second. Of all suits for peualties aud forfeitures incurred under the 
laws of the United States. 

Third. Of all civil causes of admiralty and maritime jurisdiction ; sav- 
ing to suitors, in all cases, the right of a common-law remedy, where the 
common law is competent to give it. 

Fourth. Of all seizures under the laws of the United States, on laud 
or on waters not within admiralty and maritime jurisdiction. 

Fifth. Of all cases arising under the patent-right or copyright laws of Patent and 
the United States. copyright cases. 

Sixth. Of all matters and proceedings in bankruptcy. 



152 

States. Seventh. Of all controversies of a civil nature, where a State is a 

party, except between a State and its citizens, or between a State and 
citizens of other States, or aliens.* 
Judges prohib- Sec. 713. It shall not be lawful for any judge appointed uuder the 
ited from prac- authority of the United States to exercise the profession or employment 
icing aw. Q f counse i or attorney, or to be engaged in the practice of the law. 

Aud any person offending against the prohibition of this section shall 
be deemed guilty of a high misdemeauor. 
in^entitled^fn . Sec ' 714 -' Wb en any judge of any court of the United States resigns 
certain cases, to bis office, after having held his coinmissiou as such at least ten years, 
salary for life, and having attained the age of seventy years, he shall, during the resi- 
due of his natural life, receive the same salary which was by law pay- 
able to him at the time of his resignation. 
Power to issue s EC . 716. The Supreme Court and the circuit and district courts shall 
writs - have power to issue writs of scire facias. They shall also have power 

to issue all writs not specifically provided for by statute, which may be 
necessary for the exercise of their respective jurisdictions, and agree- 
able to the usages and principles of law. 
"Writs of ne ex- Sec. 717. Writs of ne exeat may be granted by any justice of the 
eat Supreme Court, in cases where they might be granted by the Supreme 

Court; and by any circuit justice or circuit judge, in cases where they 
might be granted by the circuit court of which he is a judge. But no 
writ of ne exeat shall be granted unless a suit in equity is commenced, 
and satisfactory proof is made to the court or judge granting the same 
that the defendant designs quickly to depart from the United States. 
Temporary re- Sec. 718. Whenever notice is given of a motion for an injunction out 
straining orders. f a circuit or district court, the court or judge thereof may, if there 
appears to be danger of irreparable injury from delay, grant an order 
restraining the act sought to be enjoined until che decision upon the 
motion ; and such order may be granted with or without security, in 
the discretion of the court or judge. 
Injunctions. Sec. 719. Writs of injunction may be granted by any justice of the 

Supreme Court in cases where they might be granted by the Supreme 
Court ; and by any judge of a circuit court in cases where they might 
be granted by such court. But no justice of the Supreme Court shall 
hear or allow any application for an injunction or restraining order in 
any cause pending in the circuit to which he is allotted, elsewhere than 
within such circuit, or at such place outside of the same as the parties 
may stipulate in writing, except when it cannot be heard by the circuit 
judge of the circuit or the district judge of the district. And an injunc- 
tion shall not be issued by a district judge, as one of the judges of a cir- 
cuit court, in any case where a party has had a reasonable time to apply 
to the circuit court for the writ; nor shall any injunction so issued by 
a district judge continue longer than to the circuit court next ensuing, 
unless so ordered by the circuit court. 
Injunction to Sec. 720. The writ of injunction shall not be granted by any court of 
? ta ^ i"' 006 ^" 1 ^ ^ e United States to stay proceedings in any court of a State, except in 
in a ecoui s. cases ^hpj-g smfa injunction may be authorized by auy law relating to 
proceedings in bankruptcy. 
Laws of th e Sec. 721. The laws of the several States, except where the Constitu- 
States, rules of ^\ on ^ treaties, or statutes of the United States otherwise require or pro- 
vide, shall be regarded as rules of decision in trials at common law, in 
the courts of the United States, in cases where they apply. 
Proceedings, Sec. 722. The jurisdiction in civil and criminal matters conferred on 
civil and crimi- t]ae district aud circuit courts by the provisions of this Title, and of Title 
tio'n^o/civTi " ClvIL Rights," and of Title'" Crimes," for the protection of all per- 
rights. sons in the United States in their civil rights, and for their vindication, 

shall be exercised and enforced in conformity with the laws of the Uuited 
States, so far as such laws are suitable to carry the same into effect ; 
but in all cases where they are not adapted to the object, or are defi- 
cient in the provisions necessary to furnish suitable remedies and punish 
offenses against law, the common law, as modified and changed by the 
constitution and statutes of the State whereiu the court having juris- 
diction of such civil or criminal cause is held, so far as the same is not 
» inconsistent with the Constitution and laws of the United States, shall 

be extended to and govern the said courts in the trial and disposition of 

* Paragraph eighth, as follows : " Eighth. Of all suits or proceedings against embas- 
sadors, or other public ministers, or their domestics, or domestic servants, or against 
consuls or vice-consuls," struck out by act of February 18. 1875. 



153 

the cause, and, if it is of a criminal nature, in the infliction of punish- 
ment on the party found guilty. 

Sec. 723. Suits in equity shall not he sustained in either of the courts When suits of 
of the United States in any case where a plain, adequate, and complete e( l nit y may he 
remedy may be had at law. maiu 

Sec.' 7-24.* In the trial of actions at law, the courts of the United States Power to order 
may, on motion and due notice thereof, require the parties to produce j^^ 1 C J^ \*£ 
hooks or writings in their possession or power, which contain evidence tings iu actions at 
pertinent to the issue, iu cases and under circumstances where they law. 
might he compelled to produce the same by the ordinary rules of pro- 
ceeding in chancery. If a plaintiff fails to comply with such order, the 
court may, on motion, give the like judgment for the defendant as in 
cases of nonsuit ; and if a defendant fails to comply with such order, the 
court may, on motion, give judgment against him by default. 

Sec. 723. The said courts shall have power to impose and administer p t >wer to im- 
all necessary oaths, and to punish, by tine or imprisonment, at the dis- pose oaths and 
cretion of the court, contempts of their authority: Provided, That such punish con- 
power to punish contempts shall not be construed to extend to any tem P ts - 
cases except the misbehavior of any person in their presence, or so near 
thereto as to obstruct the administration of justice, the misbehavior of 
any of the officers of said courts in their official transactions, and the 
disobedience or resistance by any such officer, or by any party, juror, 
witness, or other person, to any lawful writ, process, order, rule, decree, 
or command of the said courts. 

Sec. 726. All of the said courts shall have power to grant new trials, Xew trials, 
in cases where there has been a trial by jury, for reasons for which new 
trials have usually been granted in the courts of law. 

Sec. 727. The judges of the Supreme Court and of the circuit and dis- Power to hold 
trict courts, the commissioners of the circuit courts, and the judges and to security for the 
other magistrates of the several States who are or maybe authorized ^havior 5 
by law to make arrests for offenses against the United States, shall 
have the like authority to hold to security of the peace, and for good 
behavior, iu cases arising under the Constitution and laws of the United 
States, as may be lawfully exercised by any judge or justice of the 
peace of the respective States, in cases cognizable before them. 

Sec 728. The district and circuit courts, and the commissioners of the Power to en- 
circuit courts, shall have power to carry into effect, according to the force awards of 

true intent and meaning thereof, the award, or arbitration, or decree of ^ orei ? n C0DSU . 1S > 
, i B . t / e /. .. n <fcc, m certain 

any consul, vice-consul, or commercial agent ot any foreign nation, made caS e S . 

or rendered by virtue of authority conferred on him as such consul, vice- 8 August, 1846* 
consul, or commercial agent, to sit as judge or arbitrator in such differ- c. 105, v. 9, p. 78. 
ences as may arise between the captains and crews of the vessels he- 
longing to the nation whose interests are committed to his charge; ap- 
plication for the exercise of such power beiug first made to such court 
or commissioner by petition of such consul, vice-consul, or commercial 
agent. And said courts and commissioners may issue all proper reme- 
dial process, mesne and final, to carry into full effect such award, arbi- 
tration, or decree, and to enforce obedience thereto, by imprisonment 
iu the jail or other place of coufiuement in the district in which the 
United States may lawfully imprison any person arrested under the 
authority of the United States, until such award, arbitration, or decree 
is complied with, or the parties are otherwise discharged therefrom, by 
the consent in writing of such consul, vice-consul, or commercial ageut, 
or his successor in office, or by the authority of the foreign government 
appointing such consul, vice-consul, or commercial agent : Provided, how- 
ever, That the expenses of the said imprisonment, and maintenance of the 
prisoners, and the cost of the proceedings, shall be borne by such foreign 
government, or by its consul, vice-consul, or commercial agent requiring 
such imprisonment. The marshals of I he United States shall serve all such 
process, and do all other acts necessary and proper to carry into effect the 
premises, under the authority of the said courts and commissioners. 

Sec 729. The trial of offenses punishable with death shall be had iu Offenses pun- 
the county where the offense was committed, where that can be done ish able with 
without great inconvenience. death, where 

Sec. 73U. The trial of all offenses committed upon the high seas or else- "offenses on the 
where, out of the jurisdiction of any particular State or district, shall be in high seas, &c, 
the district where the offender is found, or into which he is first brought, where triable. 

Sec. 731. When any offense against the United States is begun in one . 0ffen8 | L 8 J , Jf^ 
judicial district and completed in another, it shall be deemed to have and°completed hi 
been committed iu either, and may be dealt with, inquired of, tried, another. 



154 

determined, and punished in either district, in the sane manner as if it 
had heen actually and wholly committed therein. 
Suits for pecu- Sec. 732. All pecuniary peualties and forfeitures raiy be sued for and 
and^ forfeitures 8 recoyere< ^ either i Q the district where they accrue or in the district 
where to b e > where the offender is found, 
brought. 

Suits for inter- Sec. 733. Taxes accruing under any law providing internal revenue 
taxe^ where U to ma y **© snec * ^ or anc * recovrerc( l either in the district where the liability 
be brought. i° v such tax occurs or in the district where the delinquent resides. 

Seizures, where Sec. 734. Proceedings on seizures, for forfeiture under any law of the 
cognizable. United States, made on the high seas may be prosecuted in auy district 

20 s 9v l 1)76° * ut0 w hich the property so seized is brought and proceedings instituted. 
' " ' ' ' Proceedings on such seizures made within any district shall be prose- 

cuted in the district where the seizure is made, except in cases where it 
is otherwise provided. 
Captures of in- Sec. 735. Proceedings for the condemnation of any property captured 
surrec t i o n a r y £ as prize,]* whether on the high seas or elsewhere out of the limits of any 
c™nizable. W ere judicial district, or within any district, on account of its being purchased 
or acquired, sold or given, with intent to use or employ the same, or to 
suffer it to be used or employed, in aiding, abetting, or promoting any 
insurrection against the Government of the United States, or knowingly 
so used or employed by the owner thereof, or with his consent, may be 
prosecuted in any district where the same may be seized, or into which 
it may be taken and proceedings first instituted. 
Proceedings to Sec. 736. All proceedings by any national banking association to en- 
enjoin Comptrol- join the Comptroller of the Currency, under the provisions of any law 
ler of the Cur- re lating to national banking associations, shall be had in the district 
rency " where such association is located. 

When a part of Sec. 737. When there are several defendants in any suit at law or in 
several defend- equity, and one or more of them are neither inhabitants of nor found 
served! 9,11 within the district in which the suit is brought, and do not voluntarily 

appear, the court may entertain jurisdiction, and proceed to the trial 
and adjudication of the suit between the parties who are properly before 
it ; but the judgment or decree rendered therein shall not conclude or 
prejudice other parties not regularly served with process nor voluntarily 
appearing to answer; and non-joinder of parties who are not inhabitants 
of nor found within the district, as aforesaid, shall not constitute matter 
of abatement or objection to the suit. 
Suits in equity Sec. 738. When any defendant in a suit in equity to enforce any legal 
against abs en t or equitable lien or cfaim against real or personal property within the 
Sect a propertv districti wl]ere tbe suit is brought is not an inhabitant of nor found 
in the district, within the said district, and does not voluntarily appear thereto, it shall 
be lawful for the court to make an order directing such absent defend- 
ant to appear, plead, answer, or demur to the complainant's bill at a 
certain day, therein to be designated ; and the said order shall be served 
on such absent defendant, if practicable, wherever found, or, where such 
personal service is not practicable, shall be published in such manner 
as the court shall direct. If such absent defendant does not appear, 
plead, answer, or demur within the time so limited, or within some fur- 
ther time to be allowed by the court in its discretion, it shall be lawful 
for the court, upon proof of the service or publication of the said order, 
and of the performance of the directions contained therein, to entertain 
jurisdiction, and proceed to the hearing and adjudication of such suit, 
in the same manner as if such absent defendant had been served with 
process within the said district. But the said adjudication shall, as re- 
gards such absent defendant without appearance, affect his property 
within &uch district only. 
Suits against Sec. 739. Except in the cases provided in the next three sections, no 
inhabit an ts of person shall be arrested in one district for trial in another, in any civil 
United States to ac n on before a circuit or district court ; and except in the said cases and 
the/resldeoVare the cases provided by the preceding section, no civil suit shall be brought 
found. before either of said courts against an inhabitant of the Uuited States, 

by any original process, in any other district than that of which he is 
an inhabitant or in which he is found at the time of serving the writ. 
Suits not of a Sec. 740. When a State contains more than one district, every suit not 
local nature in of a local uature, in the circuit or district courts thereof, against a single 
States containing ^ e f en( ] aut) inhabitant of such State, must be brought in the district 
several districts. w jj ere ^ Q res ides ; but if there are two or more defendants, residing in 

* Words in brackets struck out by act of February 18, 1875. 



155 

different districts of the State, it may l>e brought iu either district, and 
a duplicate writ may be issued against the defendants, directed to the 
marshal of any other district in which any defendant resides. The clerk 
issuing the duplicate writ shall indorse thereon that it is a true copy of 
a writ sued out of the court of the proper district ; and such original 
and duplicate writs, when executed and returned into the office from 
which they issue, shall constitute and be proceeded on as one suit ; and 
upon any judgment or decree rendered therein, execution may be issued, 
directed to the marshal of any district in the same State. 

Sec. 741. Iu suits of a local nature, where the defendant resides in a Suits of a local 
different district, in the same State, from that in which the suit is brought, nature in States 
the plaintiff may have original and fiual process against him, directed ^^'^^r^ e v " 
to the marshal of the district in which he resides. 

Sec. ?4'2. Any suit of a local nature, at law or in equity, where the TThen landlies 
laud or other subject-matter of a fixed character lies partly in one dis- in . different dis- 
trict and partly in another, within the same State, may be brought in g^f same 
the circuit or district court of either district ; and the court in which it 
is brought shall have jurisdiction to hear and decide it, and to cause 
mesne or fiual process to be issued and executed, as fully as if the said 
subject-matter were wholly within the district for which such court is 
constituted. 

[Sections 743. 744. and 745 relate to actions and suits in Iowa, Indi- 
ana, and Kentucky.] 

Sec. 746. When the trial or hearing of any cause, civil or criminal, in Causes in pro- 
a circuit or district court, has been commenced and is in progress before gpess of trial not 
a jury or the court, it shall not be stayed or discontinued by the arrival discontinued by 
of the time fixed by law for auother session of said court ; and the court term, 
may proceed therein and bring it to a conclusion, in the same manner 
and with the same effect as if another stated term of the court had not 
intervened. 

Sec. 747. In all the courts of the United States the parties may plead Partie s may 
and manage their own causes personally, or by the assistance of such m a n a S e the i r 
counsel or attorneys at law as. by the rules of the said courts, respect- lyo^by^unseL 
ively, are permitted to manage and conduct causes therein. 

Sec. 74S. Xo clerk, assistant or deputy clerk, of any territorial, dis- Certain officers 
trict, or circuit court, or of the Court of Claims, or the Supreme Court forbidden to 
of the United States, or marshal or deputy marshal of the United States J^g £ e c as r " 
within the district for which he is appointed, shall act as a solicitor, 
proctor, attorney, or counsel in any cause depending in either of said 
courts, or in any district for which he is acting as such officer. 

Sec. 749. "Whosoever violates the preceding section shall be stricken Penalty for vi- 
froni the roll of attorneys by the court upon complaint, upon which the olatin S preced- 
respondent shall have due notice, and be heard in his defense ; and in ° 
the case of a marshal or deputy marshal so acting, he shall be recom- 
mended by the court for dismissal from office. 

Sec. 750. In equity and admiralty causes, only the process, pleadings, Pinal record, 
and decree, and such orders and memorandums as may be necessary to n0 T[ mai1 ® in 
show the jurisdiction of the court and regularity of the proceedings, ^aitv causes** mi 
shall be entered upon the final record. [See § 698, page 146.] 



DISTRICT ATTORNEYS. 



Sec. Sec 



1. Duties of district attorneys. 773. Returns of district attorneys to Solicitor of 

2. Statement of suits for tines, penalties, and ! the Treasury. 

forfeitures. 



Sec. 771. It shall be the duty of every district attorney to prosecute, Title 13, Chap. 11. 
in his district, all delinquents for crimes and offenses cognizable under 
the authority of the United States, and all civil actions iu which the trfctattorne ys? . 1S " 
United States are concerned, and, uuless otherwise instructed by the 
Secretary of the Treasury, to appear in behalf of the defendants in all 
suits or proceedings pending in his district against collectors, or other 
officers of the revenue, for any act done by them or for the recovery of 
any money exacted by or paid to such officers, and by them paid into 
the Treasury. 

&BC. 772. Every district attorney shall, on instituting any suit for the Statement of 
recovery of any fine, penalty, or forfeiture, immediately transmit to the snits *°F fines 
Solicitor of the Treasury a statement thereof. f orfeUures! ' &D 



156 

Returns of dis- Sec. 773. Every district attorney shall, immediately after the end of 
silhcftor^Pthe eve: T term of the circuit and district courts for his district, forward to 
Treasury. the Solicitor of the Treasury, except in the cases provided, for in the 

next section,* a full and particular statement, accompanied by the cer- 
tificate of the clerks of said courts, respectively, of all causes pending in 
said courts, and of all causes decided therein during such term, in which, 
the United States are a party. He shall also, on the first day of October 
in each year, make a return to said Solicitor of the number of suits and 
proceedings commenced, pending, and determined within his district 
during the fiscal year next preceding the date of such return, showing 
the date when such proceeding or suit in each case was commenced. If 
the determination thereof has been delayed or continued beyond the 
usual or reasonable period, the reasons must be set forth, and a state- 
ment must be made of the measures taken by the district attorney to 
press such proceedings or suits to a close. 



LIFE-SAVING SERVICE. 

Establishment of life-saving stations. Employment of volunteer crews. 

Employment of crews of surfmeu. Medals of honor for saving life. 






Jttae 20, I87^c. CHAP. 344.— An act to provide for the establishment of life-saving stations and 
houses of refuge upon the sea and lake coasts of the United States, and to promote 
the efficiency of the life-savirfg service. 

Be it enacted by the Senate and House of Representatives of the United 

Establishment States of America in Congress assembled, That the Secretary of the Treasury 

tions e &c V1US Sta * s ^ ereD y authorized to establish life-saving stations, life-boat stations, 

and houses of refuge, for the better preservation of life and property 

from shipwreck, at or in the vicinity of the folio wing- named points upon 

the sea and lake coasts of the United States, namely : 

******* 

Employmentof Sec. 5. That the Secretary of the Treasury is hereby authorized to 
crews of surf- em p^ y crews c f experienced surfmen at such of the stations herein 
denominated complete stations, and at such of the life-boat stations on 
the Pacific coast as he may deem necessary and proper, for such periods 
and at such compensation, not to exceed forty dollars per month, as he 
may deem necessary and reasonable. 
Volunteer S EC . 6. That the Secretary of the Treasury may accept the services of 
crews. volunteer crews of any of the life-boat stations herein authorized, who 

shall be subject to the rules and regulations governing the life-saving 
service ; and a list of the names of each crew shall be kept in the 
office of the Secretary of the Treasury. Such volunteers shall receive 
no compensation, except a sum of not more than ten dollars each for 
every occasion upon which they shall have been instrumental in saving 
human life, and such of the medals herein authorized as they may be 
entitled to under the provisions hereinafter made : Provided, That no 
payment shall be made to any person who shall not have actually par- 
ticipated in the efforts to save the life or lives rescued. 
Medals of hon- Sec. 7. That the Secretary of the Treasury is hereby directed to cause 
or_ to be prepared medals of honor, with suitable devices, to be distin- 

guished as life-saving medals of the first and second class, which shall 
be bestowed upon any persons who shall hereafter endanger their own 
lives in saving, or endeavoring to save lives from perils of the sea, 
within the United States, or upon any American vessel : Provided, That 
Of the first the medal of the first class shall be confined to cases of extreme and 
cl ass; , . heroic daring; and that the medal of the second class shall be given in 

on c as8- cases not sufficiently distinguished to deserve the medal of the first 
Proviso. class: Provided, also, That no award of either medal shall be made to 

any person until sufficient evidence of his deserving shall have been 
filed with the Secretary of the Treasury and entered upon the records 

of the Department. 

******* 

Approved June 20, 1874. 

* Relates to proceedings in suits 'under internal-revenue laws, when returns are to 
be made to the Commissioner. 



157 
LEAGUE ISLAND. 



Act making appropriations for sundry civil expenses. 



Appraisal. 



For the navy-yard at League Island : For the continuation of work March 3, 1875. 
and removal of property from the Philadelphia navy-yard, two hundred ~~ £" ~ r~j 7~ 
thousand dollars : which sum shall be available from and after the pas- ° u 

sage of this act : Provided, That the Secretary of the Navy, the Secre- Proviso, 
tary of the Treasury, the Chief Engineer of the Army, and the chair- 
man of the board of revision of taxes of the city and county of Phila- 
delphia in the State of Pennsylvania, are hereby created a commission Commission to 
for the purpose of making sale and conveyance of all the lands, docks, s f 11 la ° d *' ( } ocks j, 
wharves, real property and appurtenances, rights, interests, and privi- pb j& n avy _yard. 
leges of the United States included within the limits of, and known as 
the navy-yard in. the city of Philadelphia, in the State of Pennsylvania; 
that for the purpose aforesaid, they shall, if they think best for the pub- 
lic interest, have the said property divided into lots or plots, and laid 
out into blocks and streets, conforming, as far as the interests of the 
Government will permit, to the blocks and streets of the said city in the 
vicinity of the said navy-yard; and they shall have the said property 
fairly appraised in such lots or portions as they think best, and shall 
have power to sell the same, or any portion thereof, at public auction, 
after thirty days notice in three daily papers of the largest circulation 
in the city of Philadelphia, at not less than the appraised value, to be 
paid for in cash within thirty days after making such sale, and, upon 
the receipt of such payment, to make good conveyance and title for the 
property sold and paid for to the purchasers or their assigns ; that the 
money so received, less the necessary expenses of this commission, shall 
be paid into the Treasury of the United States, and an amount equal to 
the sum so paid in is hereby appropriated to be expended by the Navy 
Department in removing the movable property of the Philadelphia 
navy-yard to League Island, and in building the necessary docks, 
wharves, shops, and buildings at League Island, and preparing the 
same for carrying on the business and work of a navy-yard at that 
place: Provided, That not more than one-third of the appraised value 
of the said property hereby authorized to be sold shall be expended 
within the next fiscal year: And provided also, That the said commis- 
sion shall make a definite and specific report of all their doings under 
this authority to Congress at its next regular session, and at each regu- 
lar session thereafter while said sale shall remain uncompleted. 

Approved March 3, 1875. 



Proviso. 



Proviso. 



LIEUTENANT-COMMANDERS AND LIEUTENANTS. 
See Line Officers. 

LIGHTS AND BUOYS. 



4653. Organization of the Li^ht-House Board. 
46">4. President of the board. 

1 liairman. 
reneral powers and duties of board. 

Purchase of sites. 

D of jurisdiction. 

4663. Preliminary surveys. 

4664. Construction of light-houses. 



Sec 

4665. Contracts for construction. 

4666. Contracts for materials. 

4667. Advertisement for proposals. 
4f.7u. Light-house districts. 

4671, Light-house inspectors. 

4C7d. Color of buoys prescribed. 

4679. Restriction on compensation of officers, <fcc. 

4t;-0. Officers, &c., not to be interested in contracts 

Jurisdiction over certain rivers. 

Title 55. 



Sec. 4653. The President shall appoint two officers of the Navy, of 
high rank, two officers of the Corps of Engineers of the Army, and two ftrm „ ; , of . „ .. 
civilians of high scientific attainments, whose services may beat the the Light-House 
disposal of the President, together with an officer of the Navy and an Board." 
officer of engineers of the Army, as secretaries, who shall constitute the 
Light-Hoose Board. 

. 4654. The Secretary of the Treasury shall be ex-officio president th^board 611 * ° f 
of the Light-Honse Board. I( )oai ' 

1655. The Light-Honse Board shall elect, by ballot, one of their Chairman. 
number as chairman of the board, who shall preside at their meetings, 
when the president is absent, and shall perform such acis as maybe Ibid. 
prescribed by the rales of the beard. 



158 

General powers Skc. 4658. The Light-House Board shall be attached to the office of 
and duties of ^ e Secretary of the Treasury, aud uuder his superintendence shall dis- 
charge all administrative duties relating to the construction, illumina- 
tion, inspection, and superintendence of light-houses, light-vessels, bea- 
cons, buoys, sea-marks, and their appendages, and embracing the security 
of foundations of works already existing, procuring illuminating and. 
other apparatus, supplies, and materials of all kinds for building, and 
for rebuilding when necessary, and keeping in good repair the light- 
houses, light-vessels, beacons, and buoys of the United States ; and shall 
* have the charge and custody of all the archives, books, documents, 

drawings, models, returns, apparatus, and other things appertaining to 
the Light-House Establishment. 
Purchase of Sec. 4660. The Light-House Board is authorized, whenever an appro- 
sites for 1 i g h t- priation has been or may be made by Congress for a new light-house, 
houses. the proper site for which does not belong to the United States, to pur- 

chase the necessary land, provided the purchase-money be paid from 
the amount appropriated for such light-house. 
Cession of juris- Sec. 4661. No light-house, beacon, public piers, or landmark, shall be 
diction requisite, built or erected on any site until cession of jurisdiction over the same 
has been made to the United States. [See § 1838, Navy- Yards.] 
What cession is Sec. 4662. A cession by a State of jurisdiction over a place selected as 
sufficient. the site of a light-house, or other structure or work of the Light-House 

Establishment, shall be deemed sufficient within the preceding section, 
notwithstanding it contains a reservation that process issued under 
authority of such State may continue to be served within such place. 
And notwithstanding any such cession of jurisdiction contains no such 
reservation, all process may be served and executed within the place 
ceded, in the same manner as if no cession had been made. 
Preliminary Sec. 4663. Whenever preliminary surveys are required to ascertain 
surveys. ' the necessity for any light-house, light-ship, beacon, or other warning 
to vessels, the erection of which is or may be authorized by law, or to 
determine the proper site for the same, or to ascertain more fully what 
the public exigency requires, the Secretary of the Treasury may cause 
the necessary examinations and surveys on the sea-board to be made 
under the direction of the Superintendent of the Coast Survey, and those 
on the northwestern lakes to be made under the direction of the Corps 
of Engineers. In all cases in which adverse reports are made, they 
shall be submitted to Congress at its next session. In all cases in 
which the objects authorized are favorably reported upon, the works 
may be commenced immediately after valid titles and cessions of juris- 
diction shall have been obtained to the sites. 
Superintend- Sec. 4664. The President shall cause to be detailed from the Engi- 
tfn 9 & C °f r^ht" neer Corps of the Army, from time to time, such officers as may be ne- 
houses? ' ° V ° cessary to superintend the construction and renovation of light-houses. 
Contracts must Sec. 4665. The Light-House Board shall cause to be prepared by the 
he founded on engineer secretary of the board, or by such officer of engineers of the 
official plans and ^ rm y as may ^e detailed for that service, all plans, drawings, speciti- 
on a vote of the , . J ■* J ,. L . ,. ,, .,, '. ,. r ' n ,, " ' . 

board. cations, and estimates of cost, of all illuminating and other apparatus, 

and of construction and repair of towers, buildings, &c, connected with 
the Light-House Establishment, and no bid or contract shall be accepted 
or entered into, except upon the decision of the board, at a regular or 
special meeting, and through their properly authorized officers. 
Regulation of Sec. 4666. All materials for the construction and repair of light-houses, 
contracts for ma- light-vessels, beacons, buoys, and so forth, shall be procured by public 
terials, &c. contracts, under such regulations as the board may from time to time 

adopt, subject to the approval of the Secretary of the Treasury, and all 
works of construction, renovation, and repair shall be made by the 
orders of the board, under the immediate superintendence of their engi- 
neer secretary, or of such engineer of the Army as may be detailed for 
that service. 
er25Jn a mu8t be SeC ' 4667 ' No coutract for the erection of any light-house shall be 
upon advertise- urade except after public advertisement for proposals in such form and 
ment for propo- manner as to secure general notice thereof, and. the same shall only be 
8als - made with the lowest bidder therefor, upon security deemed sufficient 

in the judgment of the Secretary of the Treasury. 
Light-house Sec. 4670. The Light-House Board shall arrange the Atlantic, Gulf, 
districts. Pacific, and Lake coasts of the United States, into light-house districts, 

not exceeding twelve in number. 
Light-house in- Sec. 4671. Au officer of the Army or Navy shall be assigned to each 
speccors. district as a light-house inspector, subject to the orders of the Light- 






159 



House Board ; and shall receive for such service the same piy and emol- 
uments that he would be entitled to by law for the performauce of duty 
in the regular liue of his profession, and no other, except the legal allow- 
ance per mile, when traveling uuder orders conuected with his duties. 

Sec. 4678. All buoys along the coast, or in bays, harbors, sounds, or Color of buoys 
channels, shall be colored aud numbered, so that passing up the coast prescribed. 
or sound, or entering the bay, harbor, or channel, red buoys with even 
numbers shall be passed on the starboard hand, black buoys with un- 
even numbers on the port hand, and buoys with red and black stripes 
on either hand. Buoys in channel-ways shall be colored with alternate 
white and black perpendicular stripes. 

Sec. 4679. No additional salary shall be allowed to any civil, military, Restriction up- 
or naval officer on account of his beiug employed on the Light-House on compensation 
Board, or being in any manner attached to the light-house service. officers, &c. 

Sec. 4(380. No member of the Light-House Board, inspector, light- Officers, &c, 
keeper, or other person in any manner connected with the lbdit-house nottobeinterest- 

• , n i • . '• -. -A t ^i • t .i ° , ed in contracts. 

service, shall be interested, either directly or indirectly, in any contract 

for labor, materials, or supplies for the light-house service, or in any 
patent, plan, or mode of construction or illumination, or in any article 
of supply for the light-house service. 

Act mnking appropriations for sundry civil expenses. 

That the jurisdiction of the Light-House Board, created by the act June 23, 1S74. 

entitled "An act making appropriations for light-houses, light-boats, "I . 
buoys, and so forth, and providing for the erection and establishment Light-House 
of the same, and for other purposes," approved August thirty-first, Board extended, 
eighteen hundred and fifty-two, is hereby extended over the Mississippi, 1852, ch. 112, § 
Ohio, and Missouri Rivers, for the establishment of such beacon-lights, 8 > vol. x, p. 118. 
day-beacons, and buoys as may be necessary for the use of vessels navi- 
gating those streams ; and for this purpose the said board is hereby re- 
quired to divide the designated rivers into one or two additional light- Additional 
house districts, to be in all respects similar to the already existing light- light-bouse d is- 
house districts : and is hereby authorized to lease the necessary ground tricts. 
for all such lights and beacons as are used to point out changeable chan- 
nels, and which in consequeuce cannot be made permanent. 
Approved, June 23, 1874. 



LOST VESSELS AND CLOTHING. 



Sec. 

2r4. Settlement of accounts of pursers of lost or 

captured public vessels. 
286. Fixing date of loss of missing vessels. 
267. Accounts of petty officers, seamen, &c, on 

lost vessel. 
233. Compensation for personal effects lost. 



Sec. 

289. Payment of accounts of deceased petty offi- 

cers, seamen, &c, of lost vessel. 

290. Allowance for effects of officer of lost vessel. 

1574. Crews of wrecked or lost vessels. 

1575. Crews of vessels taken by an enemy. 
3755. Preservation of wrecked property. 



Sec. 284. In every case of the loss or capture of a vessel belongiug to Title 7, Chap. 4. 
the Navy of the United States, the proper accounting officers of the g ett i emeut ^f 
Treasury, under the direction of the Secretary of the Navy, are author- accounts of pur- 
ized, in the settlement of the accounts of the purser [paymaster*] of sers of lost or 
such vessel, to credit him with such portion of the amount of the pro- captured public 
visions, clothing, small stores, and money, with which he stands charged vessels - 
on the books of the Fourth Auditor of the Treasury, as they shall be 
satisfied was inevitably lost by such capture or loss of a public vessel ; 
and such purser shall be lully exonerated by such credit from all liability 
on account of the provisions, clothing, small stores, and money so 
proved to have been captured or lost. 

Sec. 2^6. The proper accounting officers of the Treasury are author- Fixing date of 
ized, under the direction of the Secretary of the Navy, in settling the ^^ raissin S 
accounts of seamen, and others, not officers, borne on the books of any 
vessel in the Navy which shall have been wrecked, or which shall have 
been unheard from so long that her wreck may be presumed, or which 
shall have been destroyed or lost with the rolls and papers necessary to 
a regular and exact settlement of such accounts, to fix a day when such 
wreck, destruction, or loss shall be deemed to have occurred. 

Sec. 287. The proper accounting officers of the Treasury are author- Accounts of 
ized, in settling the accounts of the petty officers, seamen, and others, P etl y officers, 
not officers, on board of any vessel in the employ of the United States, STessel ° n 
which by any casualty, or in action with the enemy, has been or may 

* Paymaster to be inserted instead of purser, act of February 18, 1375. 



160 

be sunk or otherwise destroyed, together with the rolls and papers 
necessary to the exact ascertainment of the several accounts of the same 
at the date of such loss, to assume the last quarterly return of the pay- 
master of any such vessel as the basis for the computation of the subse- 
quent credits to those on board, to the date of such loss, if there be no 
official evidence to the contrary. Where such quarterly return has, from 
any cause, not been made, the accounting officers are authorized to 
adjust and settle such accounts on principles of equity and justice. [See 
§ 274, under Arrears.] 
Compensation g E c. '288. The proper accounting officers of the Treasury Department 
effects lost* ° n a » are autn orized, * n settling the accounts of the petty officers, seamen, and 
others, not officers, on board of any vessel in the employ of the United 
States, which, by any casualty, or in action with the enemy, has been 
or may be sunk or otherwise destroyed, to allow and pay to each person, 
not an officer, employed on the vessel so sunk or destroyed, and whose 
personal effects have been lost, a sum not exceeding sixty dollars, as 
compensation for the loss of his personal effects. 
Payment of ac- Sec. 289. In case of the death of any such petty officer, seaman, or 
coun ts of de- other person, not an officer, such payment shall be made to the widow, 
cers e Lamen,&c. child or children, father, mother, or brothers and sisters jointly, follow- 
of lost vessel. ' ing that order of preference ; such credits and gratuity to be paid out 
of any money in the Treasury not otherwise appropriated. 
Allowance for Sec. 290. In case aDy officer of the Navy or Marine Corps on board a 
effects of officer vessel in the employ of the United States which, by any casualty, or in 
of lost vessel. action with the enemy, at any time since the nineteenth day of April, 
eighteen hundred and sixty-one, has been or may be sunk or destroyed, 
shall thereby have lost his personal effects, without negligence or want 
of skill or foresight on his part, the proper accounting officers are au- 
thorized, with the approval of the Secretary of the Navy, to allow to 
such officer a sum not exceeding the amount of his sea-pay for one month 
as compensation for such loss. But the accounting officers shall in all 
cases require a schedule and certificate from the officer making the claim 
for effects so lost. 

Title 15, Chap. 8, Sec. 1574. When the crew of any vessel of the United States are 

Crews J7f separated fr° m such vessel, by means of her wreck, loss, or destruction, 

wrecked or lost the pay and emoluments of such of the officers and men as shall appear 

vessels. to the Secretary of the Navy, by the sentence of a court-martial or 

court of inquiry, or by other satisfactory evidence, to have done their 

utmost to preserve her, and, after said wreck, loss, or destruction, to 

have behaved themselves agreeably to the discipline of the Navy, shall 

go on and be paid them until their discharge or death. 

Crews of ves- Sec. 1575. The pay and emoluments of the officers and men of any 

sels taken by an vessel of the United States taken by an enemy who shall appear, by 

enemy. ^j ie 8e ntence of a court-martial or otherwise, to have done their utmost 

to preserve and defend their vessel, and, after the taking thereof, to 

have behaved themselves agreeably to the discipline of the Navy, shall 

go on and be paid to them until their exchange, discharge, or death. 

Title 44. Sec. 3755. The Secretary of the Treasury is authorized to make such 

— ~ 777: contracts and provisions as he may deem for the interest of the Govern- 

sale^&c!™!' aban- m ent, for the preservation, sale, or collection of any property, or the 
doned property, proceeds thereof, which may have been wrecked, abandoned, or become 
derelict, being within the jurisdiction of the United States, and which 
ought to come to the United States, or of any moneys, dues, and other 
interests lately in the possession of or due to the so-called Confederate 
States, or their agents, and now belonging to the United States, which 
are now withheld or retained by any person, corporation, or municipal- 
ity whatever, and which ought to have come into the possession and 
custody of, or been collected or received by, the United States ; and in 
such contracts to allow such compensation to any persou giving infor- 
mation thereof, or who shall actually preserve, collect, surrender, or pay 
over the same, as the Secretary of the Treasury may deem just and rea- 
sonable. No costs or claim shall, however, become chargeable to the 
United States in so obtaining, preserving, collecting, receiving, or 
making available property, debts, dues, or interests, which shall not be 
paid from such moneys as shall be realized and received from the prop- 
erty so collected, under each specific agreement. 



161 
LLN T E OFFICERS OF THE NAVY. 



Sec. 

1362. Grades of liue officers. 

1363. Number on the active list. 
1354. When exceeded. 

1365. Selection of rear-admirals daring war, 

1366. Promotion of rear-admirals during peace. 
1434. Command of squadrons. 



Sec. 

1435. Assignment of lieutenant-commanders. 

1467. Rank of liue officers. 

1468. Precedence of commanding officers. 
1490. Ensigns as steerage officers. 

1556. Pay of line officers. 



Sec. 1362. The active list of the line officers of the Navy of the United Title 15, Chap. 1 ,. 
States shall he divided into eleven grades, as follows, namely : Grades of line 

First. Admiral. officers. 

Second. Vice-Admiral. 

Third. Rear-admirals. 

Fourth. Commodores. 

Fifth. Captains. 

Sixth. Commanders. 

Seventh. Lieutenant-commanders. 

Eighth. Lieutenants. 

Ninth. Masters. 

Tenth. Ensigns. 

Eleventh. Midshipmen. 

Provided, That vacancies occurring in the grades of Admiral and 
Vice-Admiral shall not he tilled by promotion, or in any other manner; 
and that wheu the offices of said grades shall hecome vacant, the grade 
itself shall cease to exist. 

Sec. 1363. There shall he allowed on the active list of the line officers dumber on the- 
of the Navy one Admiral, one Vice-Admiral, ten rear-admirals, twenty- active list. 
five commodores, fifty captains, ninety commanders, eighty lieutenant- 
commanders, two hundred and eighty lieutenants, one hundred masters, 
and one hundred ensigns ; and no promotion to the grade of lieutenant- 
commander shall be made until the number of such grade is reduced 
below eighty. 

Sec. 1364. The provisions of the foregoing section shall not have the "when ex- 
effect to vacate the commission of any lieutenant-commander, lieuten- ceeded. 
ant, master, or eusigu appointed according to law, in excess of the 
respective number therein fixed; nor to preclude the advancement of 
any officer to a higher grade, for distinguished conduct in battle, or for 
extraordinary heroism, under the provisions of sections fifteen hundred 
and six and fifteen hundred and eight. [Promotion.] 

Sec. 1365. During war rear-admirals shall be selected from those Selection of 
officers on the active list, not below the grade of commanders, who shall rear-admirals 
have eminently distinguished themselves by courage, skill, and genius during war. 
in their profession ; but no officer shall be so promoted, under this pro- 
vision, unless, upon recommendation of the President by name, he has 
received the thanks of Congress for distinguished service. 

Sec. 1366. During peace, vacancies in the grade of rear-admiral shall Promotion of 
be filled by regular promotion from the list of commodores, subject to rear /a d in i r a Is 
examination according to law. [See Promotion.] during peace. 



Sec. 1434. The President may select any officer not below the grade jm^, 15 fi ia p 2 
of commander on the active list of the Navy, and assign him to the com- 



mand of a squadron, with the rank and title of "flag-officer ; " and any Command of 
officer so assigned shall have the same authority and receive the same S( l uaarons - 
obedience from the commanders of ships in his squadron, holding com- 
missions of an older date than his, that he would he entitled to receive 
if his commission were the oldest. 

Sec. 1435. Lieutenant-commanders may be assigned to duty as first Lieuten an t- 
lieuteiumts of naval stations, as navigation and watch officers on board com m anders, 
of vessels of war, and as first lieutenants of vessels not commanded by how assignable, 
lieutenant-commanders. 

Sec. 1467. Line officers shall take rank in each grade according to the Title 15, Chap. 4. 

dates of their commissions. 

Kauk accord- 
ing to date. 
Sec. 1468. Commanding officers of vessels of war and of naval sta- Commanding 
tions shall take precedence over all officers placed under their com- officers of vessels 
mand. and stations. 

[Sec. 1469. aid or executive, and Sec. 1470, rights of. staff-officers — see 
Rank and Precedence.] 
11 N L 



162 



En s i g n g and 
steerage officers. 



Sec. 1490. Ensigns shall be steerage officers, unless assigned to duty 
as watch and division officers. 



Title 15, Chap. 8. Sec. 1556. The Admiral, thirteen thousand dollars. 



Pay of the Ad- 
miral. 
Vice-Admiral. 



Bear-admirals. 
Commodores. 
Captains. 
Commanders. 



Lieu tenant- 
commanders. 



Lieutenants. 



Masters. 



Ensigns. 



The Vice-Admiral, when at sea, nine thousand dollars; on shore duty, 
eight thousand dollars ; on leave, or waiting orders, six thousand 
dollars. 

Eear-admirals, when at sea, six thousand dollars ; on shore duty, 
five thousand dollars ; on leave, or waiting orders, four thousand 
dollars. 

Commodores, when at sea, five thousand dollars ; on shore duty, 
four thousand dollars ; on leave or waiting orders, three thousand 
dollars. 

Captains, when at sea, four thousand five hundred dollars ; on shore 
duty, three thousand five hundred dollars; on leave, or waiting orders, 
two thousand eight hundred dollars. 

Commanders, when at sea, three thousand five hundred dollars ; on 
shore duty, three thousand dollars; on leave, or waiting orders, two 
thousand three hundred dollars. 

Lieutenant-commanders, during the first four years after date of com- 
mission, when at sea, two thousand eight hundred dollars ; on shore 
duty, two thousand four hundred dollars ; on leave, or waiting orders, 
two thousand dollars ; after four years from such date, when at sea 
three thousand dollars; on shore duty, two thousand six hundred dol- 
lars ; on leave, or waiting orders, two thousand two hundred dollars. 

Lieutenants, during the first five years after date of commission, when 
at sea, two thousand four hundred dollars; on shore duty, two thousand 
dollars; on leave, or waiting orders, one thousand six hundred dollars; 
after five years from such date, when at sea, two thousand six hundred 
dollars ; on shore duty, two thousand two hundred dollars ; on leave, or 
waiting orders, one thousand eight hundred dollars. 

Masters, during the first five years after date of commission, when at 
sea, one thousand eight hundred dollars: on shore duty, one thousand 
five hundred dollars; on leave, or waiting orders, one thousand two 
hundred dollars ; after five years from such date, when at sea, two 
thousand dollars ; on shore duty, one thousand seven hundred dollars; 
on leave, or waiting orders, one thousand four hundred dollars. 

Ensigns, during the first five years after date of commission, when at 
sea, one thousand two hundred dollars ; on shore duty, one thousand 
dollars; on leave, or waiting orders, eight hundred dollars; after five 
years from such date, when at sea, one thousand four hundred dollars ; 
on shore duty, one thousand two hundred dollars; on leave, or wait- 
ing orders, one thousand dollars. [Midshipmen — see under Naval 
Academy. 

MARINE COEPS. 



Sec. 

1596. Number of. 

1597. What commissions and promotions not af- 

fected by number fixed. 

1598. Staff. 

1599. Qualifications for appointment. 

1600. Credit for volunteer service. 

1601. Rank of commandant. 

1602. Staff rank. 

1603. Relative rank with the Army. 

1604. Brevets. 

1605. Advancement in number. 

1606. Promotion when grade is full. 

1607. Promotion for gallantry. 

1608. Enlistments. 

1609. Oath. 

1610. Exemption from arrest. 

Title 15, Chap. 9. Sec. 1596. The Marine Corps of the United States shall consist of one 
commandant, with the rank of brigadier-general, one colonel, two lieu- 
tenant-colonels, four majors, one adjutant and inspector, one paymaster, 
one quartermaster, two assistant quartermasters, twenty captains, thirty 
first lieutenants, thirty second lieutenants, one sergeant-major, one 
quartermaster-sergeant, one drum-major, one principal musician, two 
hundred sergeants, two hundred and twenty corporals, thirty musi- 



Sec. 

1611. Companies and detachments. 

1612. Pay of Marine Corps. 

1613. Marine band. 

1614. Deduction for hospitals. 

1615. Rations of enlisted men. 

1616. Services on armed vessels. 

1617. Marine officers not to command navy-yards 

or vessels. 

1618. Marines substituted for landsmen. 

1619. Duty on shore. 

1620. Regulations. 

1621. Subject to laws governing the Navy, except 

when serving with the Army. 

1622. Retirement. 

1623. Retiring-board, how composed. 



Nnmber of. 



163 

eians for a baud, sixty drummers, sixty fifers, aud twenty-five hundred 
privates. 

Skc. 1597. The provisions of the preceding section shall not preclude What commis- 
the advancement of any officer to a higher grade for distinguished con- sions and promo- 
duct iu conflict with the enemy, or for extraordinary heroism in the line wmimber^ ^ 
of his profession, as authorized by sections sixteen hundred and five and 
sixteen hundred aud seven. 

Sec. 1598. The staff of the Marine Corps shall be separate from the line. Staff. 

Sec. 1599. No person under twenty or over twenty-five years of age Qualifications 
shall be appointed from civil life as a commissioned officer of the Marine for appointment. 
Corps, nor shall any person be so appointed until his qualifications for 
such service have beeu examined and approved, under the directions of 
the Secretary of the Navy. 

Skc. 1600. All marine officers shall be credited with the length of time Credit for vol- 
they may have been employed as officers or enlisted men in the volun- unteer service - 
teer service of the United States. 

Sec. 1601. The commaudant of the Marine Corps shall have the rank Rank of com- 
of a brigadier-general of the Army.* mandaut. 

Sec. 1602. The adjutant aud inspector, the paymaster, and the qnar- Staff rank, 
term aster shall have the rank of major; the assistant quartermaster 
shall have the rank of captain. 

Sec. 1603. The officers of the Marine Corps shall be, in relation to Relative rank 
rank, on the same footing as officers of similar grades iu the Army. with tue Army. 

Sec. 1604. Commissions by brevet may be conferred upon commissioned Brevets, 
officers of the Marine Corps in the same cases, upon the same conditions, 
and in the same manner as are or may be provided by law for officers of 
the Army.t 

Sec. 1605. Any officer of the Marine Corps may, by and with the advice Advancement 
and consent of the Senate, be advanced not exceeding thirty numbers in in number, 
rank, for eminent and conspicuous conduct in battle or extraordinary 
heroism. 

Sec. 1606. Any officer who is nominated to a higher grade by the pro- Promotion 
visions of the precediug section shall be promoted, notwithstanding the wheen grade is 
number of said grade may be full, but no further promotion shall take ful1, 
place in that grade, except for like cause, until the number is reduced to 
that provided by law. 

Sec. 1607. Any officer of the Marine Corps may, by and with the advice Promotion, for 
and consent of the Senate, be advanced one grade, if, upon recommenda- gallantry. 
tion of the President by name, he receives the thanks of Congress for 
highly distinguished conduct in conflict with the enemy, or for extraor- 
dinary heroism in the line of his profession. 

Sec. 1608. Enlistments into the Marine Corps shall be for a period not Enlistments, 
less than five years. 

Sec. 1609. The officers and enlisted men of the Marine Corps shall take 
the same oaths, respectively, which are provided by law for the officers 
and enlisted men of the Army.}; 

Sec. 1610. Marines shall be exempt, while enlisted in said service, Exemption 
from all personal arrest for debt or contract. f,om arrest. 

* Naval appropriation act. — Provided, That the office of commandant of the Marine June '>> 1874. 

Corps having the rank of a brigadier-general iu the Army shall continue until a 

vacancy shall occur in the same, and no longer; and when such vacancy shall occur 
in said office, immediately thereupon all laws and parts of laws creating said 
office shall become inoperative, and shall, by virtue of this act, from thenceforth be 
repealed : And provided further, That thereafter the commandant of the Marine 
Corps shall have the rank and pay of a colonel, and shall be appointed by selection 
by the President from the officers of said corps. 

Approved, June G, 1874. 

t The following are the sections relating to the conferring of brevets in the Army: 

1209. The President, by and with the advice and consent of the Senate, may, _. . . 
in time of war. confer commissions by brevet upon commissioned officers of the Army i'HC 14, Chap. 1. 
for distinguished conduct and public service in presence of the enemy. -r, , , 

*vl."f 1*>lfl R r«i vctt /"'Oinniit^iona ^li'ill hoQi 1 flatr* t't'/myi tlm Tiorti/inloT nr>fiAn s\r* o^rri/>n DlcVcla. 



8EC. 1210. Brevet commissions shall bear date from the particular action or service 



Date of brevet 



for which the officers were brevetted. 

SKC. P211. Officers may be assigned to duty or command according to their brevet com inission. 
rank by special assignment of the President; and brevet rank shall not entitle an , -^ssi^imjcnt to 
officer to precedence or com maud except when so assigned. tiutyaccoraingto 

SKC. 1212. No officer shall be entitled, on account ot having been brevetted, to wear, y T ve .^. ranK - 
while on duty, any uniform other than that of his actual rank ; and no officer shall be y niIorm ana 
addressed in orders or official communications by any title other than that of his 
actual rank. 

; Art. 2. I, A. B., do solemnly swear (or affirm) that I will bear true faith and alle- 
giance to the United States of America; that I will serve them honestly and faith- 
fully against all enemies whatsoever; and that I will obey the orders of the President 
of the United States, and the orders of the officers appointed over me, according to 
the rules and articles of war." This oath may be taken before auv commissioned offi- 
cer of the Army. [Oath fok Enlisted Men.] 



164 



Companies and Sec. 1611. The Marine Corps may be formed into as many companies 
detachments. or detachments as the President may direct, with a proper distribution 
of the commissioned and non-commissioned officers and musicians to 
each company or detachment. 
Pay of Marine Sec. 1612. The officers of the Marine Corps shall be entitled to receive 
Corps. ^| ie same p a y a ud allowances, and the enlisted men shall be eutitled to 

receive the same pay and bounty for re-enlisting, as are or may be pro- 
vided by or in pursuance of law for the officers and enlisted men of like 
grades in the infantry of the Army.* 



* Tbe following sections, 1261 to 1308, relate to 
Sec. 

1261. Hates of pay. 

1262. Service-pay. 

1263. Not to exceed forty per centum, on yearly 

pay. 

1264. Brevets. 

1265. Pay during absence. 

1266. Forfeiture of pay. 

1267. Maximum of colonel's and lieutenant-col- 

onel's pay. 

1268. To be paid' monthly. 

1269. Allowances. 

1270. Allowance of fuel, quarters, and forage. 

1271. Forage, to whom furnished. 

1272. Forage, wben allowed. 

1273. Mileage. 

1274. Officers retired from active service. 

1275. Wholly retired. 

1278. Leader of band. 

1279. Cbiefmusicians. 

1280. Pay of enlisted men. 

1281. Additional pay. 

1282. Re-enlistment pay. 

1283. Service-pay of men already in service. 



pay and allowances in the Army : 
See. 

1284. Re-enlistment. 

1285. Certificate of merit. 

1286. Non-commissioned officers of Mexican war. 

1287. Extra duty. 

1288. During captivity. 

1289. Travel-pay to officers. 

1290. Travel-pay to soldiers. 

1291. Soldiers' pay not assignable. 

1293. Rations of enlisted men. 

1294. Sugar and coffee. 

1296. Clothing prescribed by tbe President. 

1297. jSTone to ordnance-sergeants. 

1298. Gratuitous clothing. 

1299. Deductions for rations purchased. 

1300. For articles purchased. 

1301. For tobacco purchased. 

1302. Clothing allowances and deductions. 

1303. For damage to arms. 

1304. For deficiencies. 

1305. Deposits of soldiers' savings. 

1306. Interest on deposits. 

1307. Regulations for deposits, 

1308. Deposits and clothing balances, how payable. 



Title 14, Chap. 3. 

Pates of pay. 



OFFICERS. 

Sec. 1261. The officers of the Army shall be entitled to the pay herein stated after 
their respective designations : 
Brigadier-general : five thousand five hundred dollars a year. 
Colonel : three thousand five hundred dollars a year. [See § 1267.} 
Lieutenant-colonel : three thousand dollars a year. [See §> 1267.J 
Major: Two thousand five hundred dollars a year. 
Captain, mounted : two thousand dollars a year. 
Captain, not mounted : eighteen huudred dollars a year. 
Adjutant : Eighteen hundred dollars a year. 
Regimental quartermaster : eighteen hundred dollars a year. 
First lieutenant mounted : Sixteen hundred dollars a year. 
First lieutenant not mounted : fifteen hundred dollars a year. 
Second lieutenant, mounted : fifteen hundred dollars a year. 
Second lieutenant, not mounted : Fourteen hundred dollars a year. 
Aid to brigadier-general : one hundred and fifty dollars a year, in addition to pay of 
his rank. 

Sec. 1262. There shall be allowed and paid to each commissioned officer below the 

rank of brigadier-general, including ehaplains and others having assimilated rank or 

pay, ten per centum of their current yearly pay for each term of five years of service. 

Sec. 1263. The total amount of snch increase for length of service shall in no case 

exceed forty per centum on the yearly pay of the grade as provided by law. 

Sec. 1264." Brevets conferred upon commissioned officers shall not entitle them to 
any increase of pay. 

Sec. 1265. Officers when absent on account of sickness or wounds, or lawfully absent 
from duty and waiting orders, shall receive full pay ; when absent with leave, for 
other causes, full pay during such absence not exceeding in the aggregate thirty days 
in one year, and half-pay during such absence exceeding thirty days in one year. 
When absent without leave, they shall forfeit all pay during such absence, unless the 
absence is excused as unavoidable. 
Forfeiture of Sec. 1266. Every officer who is dropped by the President from the rolls of the Army 
pay. for absence from duty three months without leave, shall forfeit all pay due or to be- 

come due. 
Maximum of Sec. 1267. Tn no case shall the pay of a colonel exceed four thousand five hundred 
colonel'sandlieu- dollars a year, or the pay of a lieutenant-colonel exceed four thousand dollars a year, 
tenant-colonel's 

P£ T o be paid Sec - 1268 - Tne s umft hereinbefore allowed shall be paid in monthly payments by 
monthlv the paymaster. 

•'' Sec. 1269. No allowances shall be made to officers in addition to their pay except as 

hereinafter provided. 
Allowance of Sec - 127 °- Fuel, quarters, and forage may be furnished in kind to officers by the 
fnpl rmarters and Quartermaster's Department according to law and regulations, 
foraoe Sec - 127L Forage in kind may be furnished to officers by the Quartermaster', 

a ' partment as follows : 

Major-general ; for five horses. 
Brigadier-general: for four horses. 
Colonel : for two horses. 



Service-pay. 



Brevets. 

Pay during ab- 
sence. 



De- 



165 

Sec. 1613. The marines who compose the corps of musicians known as Marine band, 
the " Marine band" shall be entitled to receive at the rate of four dol- 
lars a mouth, each, in addition to their pay as non-commissioned officers, 
musicians, or privates of the Marine Corps, so long as they shall perform, 
by order of the Secretary of the Navy, or other superior officer, on the 
Capitol grounds or the President's grounds. 

Sec. 1614. The Secretary of the Navy shall deduct from the pay due Deduction for 
each of the officers and enlisted men of the Marine Corps at the rate of hospitals. 

Lieutenant-colonel: for two horses. 

Major: for two horses. 

Captains and lieutenants, mounted : for two horses. 

Adjutants and regimental quartermasters: for two horses. 

Sec. 1-27-2. Forage" shall be allowed to officers only for horses authorized by law, and 
actually kept by them in service when on duty and at the place where they are on 
duty. 

Sec. 1273. "When any officer travels under orders, and is not furnished transportation Mileage, 
by the Quartermaster's Department, or on a conveyance belonging to or chartered by 
the United States, he shall be allowed ten cents a mile, and no more, for each mile actu- 
ally traveled under such order, distances to be calculated according to the nearest 
post-routes ; and no payment shall be made to any officer except by a paymaster of 
the Army.* 

Sec. 1274. Officers retired from active serviee shall receive seveut5'-five per centum Officers retired 
of the pay of the rank upon which they are retired. from active serv- 

ice. 

Sec. 1275. Officers wholly retired from the service shall be entitled to receive, upon "Wholly retired, 
their retirement, one year's pay and allowances of the highest rank held by them, 
whether by staff or regimental commission, at the time of their retirement. 

Sec. 127?. The leader of the band stationed at the Military Academy shall receive Leader of band 
seventy-rive dollars a month. at academy. 

Sec i-279. The chief musicians of regiments shall receive sixty dollars a month and Chief musician, 
the allowances of a quartermaster-sergeant. -p f .. , , 

Sec 1280- The monthly pay of the following enlisted men of the Army shall, during ^ ay ot ^misted 
their first term of enlistment, be as follows, with the contingent conditions thereto, m6n - 
hereinafter provided: 

Sergeant-majors of cavalry, artillery, and iufantry, twenty-three dollars. 

Quartermaster-sergeants of cavalry, artillery, and infantry, twenty-three dollars. 

Principal musicians of artillery and infantry, twenty-two dollars. 

Sergeants of cavalry, artillery,' and infantry, seventeen dollars. 

Corporals of artillery and iufantry, fifteen dollars. 

Musicians of artillery and infantry, thirteen dollars. 

Privates of cavalry, artillery, and infantry, thirteen dollars. 

Sec 1281. To the rates of pay stated in tlie preceding section one dollar per month Additional pay. 
shall be added for the third year of enlistment, one dollar more per month for the 
fourth year, and one dollar more per month for the fifth year, making in all three dol- 
lars' increase per month for the last year of the first enlistment of each enlisted man 
named in said section. But this increase shall be considered as retained pay, and 
shall not be paid to the soldier until his discharge from the service, and shall be for- 
feited unless he serves honestly and faithfully to the date of discharge. 

Sec. 1282. All enlisted men mentioned in section twelve hundred and eighty, who, Ke-enlisfcmen t 
having been honorably discharged, have re-enlisted or shall re-enlist within one month P av - 
thereafter, shall, after five years' service, including their first enlistment, be paid at 
the rate allowed in said section to those serving in the fifth year of their first enlist- 
ment : Provided, That one dollar per month shall be retained from the pay of the re- 
enlisted men, of whatever grade, named in section twelve hundred and eighty-one 
during the whole period of their re-enlistment, to be paid to the soldier on his dis- 
charge, but to be forfeited unless he shall have served honestly and faithfully to the 
date of discharge. q . • f 

Sec 1283. Enlisted men, now in the service, shall receive the rates of pay established Service pay or 
in this chapter according to the length of their service. men already in 

00 service. 

Sec 1284. Every soldier who, having been honorably discharged, re-enlists within Re-enlistment, 
one month thereafter, shall be further entitled, after five years' service, including his 
first enlistment to receive, for the period of five years next thereafter, two dollars per 
month in addition to the ordinary pay of his grade; and for each successive period of 
five years of service, so long as he shall remain continuously in the Army, a further 
sum of one dollar per month. The past continuous service, of soldiers now iu the 
Army, ghall be taken into account, and shall entitle such soldier to additional pay ac- 
cording to this rule ; but services rendored prior to August fourth, eighteen hundred 
and fifty-four, shall in no case be accounted as more than one eniistmeut. 

Sec 1285. A certificate of merit granted to a private soldier by the President for Certificate of 
distinguished services shall entitle him to additional pay, at the rate of two dollars merit, 
per mouth, while he remains continuously in the service • and such certificate of merit 
granted to a private soldier who served in the war with Mexico shall entitle him to 
such additional pay, although he may not. have remained continuously in the service. 

.1286. Non~comrau9ioned officers who served in the war with Mexico, and have _ Non-com m i s- 
been recommended by the commanding officers of their regiments for promotion by Rioned officers ot 
brevet to the lowest grade of commissioned officer, but have not received such reconi- Mexican war. 
mended promotion, shall be entitled to additional pay at the rate of two dollars per 
mouth, although they may not have remained continuously in the service. 

12-7. When soldiers are detailed for employment as artificers or laborers in the Extra duty, 
construction of permanent military works, public roads, or other constant labor of not 
less than ten days' duration, they shall receive, in addition to their regular pay, tins 
following compensation : Privates working as artificers, and non-commissioned officers 
employed as overseers of such work, not exceeding one overseer for twenty men, 

* Mileage not now allowed \ only actual traveling expenses. 



166 



twenty cents per month for every officer and marine, to be applied to 

the fund for Navy hospitals. 
Rations of en- Sec. 1615. The non-commissioned officers, privates, and musicians 
listed men. Q f ^e ]y[ ar i ne Corps shall, each, be entitled to receive one Navy ration 

daily. 
Service on arm- g EC> 1616. Marines maybe detached for service on board the armed 

vessels of the United States, and the President may detach and appoint 



ed vessels. 



thirty-five cents per day, and privates employed as laborers, twenty cents per day. 
This' allowance of extra pay shall not apply to the troops of the Ordnance Department. 
Sec. 1288. Every non-commissioned officer and private of the Regular Army, and 
every officer, non-commissioned officer, and private of any militia or volunteer 'corps 
in the service of the United States* who is captured by the enemy, shall be entitled to 
receive during his captivity, notwithstanding the expiration of his term of service, 
the same pay, subsistence, and allowance to which he may be entitled while in the 
actual service of the United States ; but this provision shall not be construed to en- 
title any prisoner of war of such militia corps to any pay or compensation after the 
date of his parole, except the traveling expenses allowed by law. 
t° Sec. 1289. When an officer is honorably discharged from the service, he shall be al- 
lowed transportation and subsistence from the place of his discharge to the place of 
his residence at the time of his appointment, or to the place of his original muster into 
the service. The Government may furnish the same in kind, but in case it shall not 
do so, he shall be allowed travel-pay and commutation of subsistence, according to his 
rank, for such time as may be sufficient for him to travel from the place of discharge 
to the place of his residence, or original muster into service, computed at the rate of 
one day for every twenty miles. 
*° Sec. 1290. When a soldier is honorably discharged from the service, he shall be al- 
lowed transportation and subsistence from the place of his discharge to the place of 
his enlistment, enrollment, or original muster into the service. The Government may 
furnish the same in kind, but in case it shall not do so, he shall be allowed travel-pay 
and commutation of subsistence for such time as may be sufficient for him to travel 
from the place of discharge to the place of his enlistment, enrollment, or original 
muster into the service, computed at the rate of one day for every twenty miles. 

Soldiers' pay Sec. 1291. No assignment of pay by a non-commissioned officer or private, previous 
not assignable, to his discharge, shall be valid. 

Rations. Sec. 1293. Sergeants and corporals of ordnance shall be entitled to receive one ration 

and a half daily. Other enlisted men shall be entitled to receive one ration daily. 

Sugar and Sec. 1294. For each ration of sugar and coffee not issued, nor commuted for the ex- 



During captiv 
ity. 



Travel-pay 
officers. 



Travel-pay 
soldiers. 



coffee. tract of coffee combined with milk and sugar, enlisted men shall be paid in money. 

[See § 1147, post] 
pre- Sec. 1296. The President may prescribe the uniform of the Army and quantity and 
the kind of clothing which shall be issued annually to the troops of the United States. 



Clothing, 
scribed by 
President. 

None to ord- Sec. 1297. No allowance of clothing shall be made to sergeants, of ordnance, 
nance-sergeants. 

Gratuitous Sec. 1298. The Secretary of War may, on the recommendation of the Surgeon-Gen- 
clothing. eral, order gratuitous issues of olothin'g to soldiers who have had contagious diseases, 

and to hospital attendants who have nursed them, to replace any articles of their cloth- 
ing destroyed by order of the proper medical officers to prevent contagion. 

Deductions for Sbc. 129 ^- The amount due from any officer for rations purchased on credit, or for 



rations 
chased. 

For art 
purchased 



pur 



cle; 



any article designated by the inspectors-general of the Army and purchased on credit 
from commissaries of subsistence, shall be deducted from the payment made to such 
officer next after such purchase shall have been reported to the Paymaster-General. 
Sec. 1300. The amount due from any enlisted man for articles designated by the 
inspectors-general of the Army, and sold to him on credit by commissaries of subsist- 
ence, shall be deducted from the payment made to him next after such sale shall have 
been reported to the Paymaster-General. 
For tobacco Sec. 1301. The amount due from any enlisted man for tobacco sold to him at cost 

purchased. prices by the United States shall be deducted from his pay in the manner provided 

for the settlement of clothing accounts. 
Clothing allow- Sec. 13C2. The money value of all clothing overdrawn by the soldier beyond his al- 

ances and deduc- lowanco shall be charged against him, every six months, on the muster-roll of his 

tions. company, or on his final statements if sooner discharged, and he shall receive pay for 

such articles of clothing as have not been issued to him in any year, or which may be 
due to him at the time of his discharge, acoording to the annual estimated value 
thereof. The amount due him for clothing, when he draws less than his allowance, 
shall not be paid to him until his final discharge from the service. 
For damage to Sec. 1303. The oost of repairs or damages doneto arms, equipments, or implements, 

arms . shall be deducted from the pay of any officer or soldier in whose care of use the same 

were when such damages occurred, if said damages were occasioned by the abuse or 
negligence of said officer or soldier. 

Sec. 1304. In case of deficiency of any article of military supplies, on final settle- 
ments of the accounts of any officer charged with the issue of the same, the value 
thereof shall be charged against the delinquent and deducted from his monthly pay, 
unless he shall show to the satisfaction of the Secretary of War, by one or more de- 
positions setting forth the circumstances of the case, that said deficiency was not oc- 
casioned by any fault on his part. And in case of damage to any military supplies, 
the value of such damage shall be charged against such officer and deducted from his 
monthly pay, unless he shall, in like manner, show that such damage was not occa- 
sioned by any fault on his part. 

Sec. 1305. Any enlisted man of the Army may deposit his savings, in sums not less 
than five dollars, with any Army paymaster, who shall furnish him a deposit-book, in 
which shall be entered the name of the paymaster and of the soldier, and the amount, 
date, and place of such deposit. The money so deposited shall be accounted for in the 
same manner as other public funds, and shall pass to the credit of the appropriation 
for the pay of the Army, and shall not be subject to forfeiture by senteuee of eourt* 
martial, but shall be forfeited by desertion, and shall not be permitted tube paid until 



For deficiencies, 



Deposits of sol 
diers' saviugs. 



167 



for service on said vessels, such of the officers of said corps as he may 
deem necessary. 

Sec. 1617. Xo officer of the Marine Corps shall exercise command over Marine officers 

any navy-yard or vessel of the United States. not t0 command 

* «» «» navy-yards or 

vessels. 
Sec. 1618. The President may substitute marines for landsmen in the Marines sub- 

Xavy, as far as he may deem it for the good of the service. 



stituted for 
landsmen. 



Duty on shore. 



Regulations. 



Subject to laws 



Sec. 1619. The Marine Corps shall be liable to do duty in the forts and 
garrisons of the United States, on the sea-coast, or any other duty on 
shore, as the President, at his discretion, may direct. 

Sec. 16-20. The Piesideut is authorized to prescribe such military 
regulations for the discipline of the Marine Corps as he may deem ex- 
pedient. 

Sec. 1621. The Marine Corps shall, at all times, be subject to the laws 
and regulations established for the government of the Navy, except §° a Vv ^x'fen't 
when detached for service with the Army by order of the President ; w ben serving 
and when so detached they shall be subject to the rules and articles of with the Army. ^ 
war prescribed for the government of the Army. » 

RETIRED LIST — MARINE CORPS. 

Sec. 1622. The commissioned officers of the Marine Corps shall be re- Title 15, Chap. 9. 
tired in like cases, in the same manner, and with the same relative con- 
ditions, in all respects, as are provided for officers of the Army, except as 
is otherwise provided in the next section.* 



Retirement. 



final payment on discharge, or to the heirs or representatives of a deceased soldier, 
and that such deposit he exempt from liability for such soldier's debts : Provided, 
That the Government shall be liable for the amount deposited to the person so de- 
positing the same. 

Sec. 1306. For any sums not less than fifty dollars so deposited for the period of six Interest on de- 
months, or longer, the soldier, on his final discharge, shall be paid interest at the rate posits. 
of four per centum per annum. 

Sec. 130T. The system of deposits herein established shall be carried into execution Regulations for 
under such regulations as may be established by the Secretary of War. deposits. 

Sec. 1308. The amounts of deposits and clothing-balances accumulating to the sol- Deposits and 
dier's credit, under sections thirteen hundred and two and thirteen hundred and five, clothing bal- 
shall, when payable to him upon his discharge, be paid out of the appropriations for ances, how pay- 
" pay of the Army " for the then current fiscal year. able. 



The following sections relate to retirement in the Army : 



Sec. 

125-2. Disability not by an incident of service. 

1253. Officers entitled to a hearing. 

1254. Retired rank. 

1255. Status of retired officers. 

1256. Rights and liabilities. 

1257. Vacancies by retirement. 

1258. Number on the retired list. 

1259. Assignment to duty. 

12(50. Detail as professor in a college. 



Sec. 

1243. Retirement upon officer's own application. 

1244. Alter forty-five years, or at the age of sixty 

two. 

1245. For disability. 

1246. Composition of retiring board. 

1247. Oath of members. 

1248. Powers and duties. 

1249. Findings 

1250. Revision by the President. 

1251. Finding of 'disability by incident of service, 

Sec. 1243. When an officer has served forty consecutive years as a commissioned Title 14, Chap. 2. 
officer, he shall, if he makes application therefor to the President, be retired from Retirement upon 
active service and placed upon the retired list. When an officer has been thirty years officer's own ap- 
in service, he may, upon his own application, in the discretion of the President/be so plication, 
retired, and placed on the retired list. 

Sec. 1244. When any officer has served forty-five years as a commissioned officer, or After 45 years. 
is sixty-two years old, he may be retired from active service at the discretion of the or at the age of 
President. 62. 

Sec. 12^5. When any officer has become incapable of performing the duties of his For disability, 
office, he shall be either retired from active service, or wholly retired from the service, 
by tin.- President, as hereinafter provided. 

Sec. 1246. The Secretary of War, under the direction of the President, shall, from Composition of 
time to time, assemble an Army retiring-board, consisting of not more than nine nor retiring-board, 
less than five officers, two-fifths of whom shall be selected from the Medical Corps. 
The board, excepting the officers selected from the Medical Corps, shall be composed, 
as far as may be, of seniors in rank to the officer whose disability is inquired of. 

Sec. 1247. The members of said board shall be sworn in every case to discharge Oath of mem- 
their duties honestly and impartially. bers. 

Sec. 1248. A retiring-board may inquire into and determine the facts touching the Po\vers and du- 
nature and occasion of the disability of any officer who appears to be incapable of per- t j es 
forming the duties of his office, and" shall have such powers of a court-martial and of 
q court of inquiry as may be necessary for that purposo. 

SEC. 1249. When the board finds an officer incapacitated for active service, it shall Findings, 
also find and report the cause which, in its judgment, has produced his incapacity, 
and whether such cause is an incident of service. 

1250. The proceedings and decisions of the board shall be transmitted to the Revision by the 
Secretary of War, and shall be laid by him before the President for his approval or President, 
disapproval and orders in the case. 



168 

Retiring-board, Sec. 1623. In case of an officer of the Marine Corps, the retiring-hoard 
how composed. 8aall be se i eo tecl by the Secretary of the Navy, under the direction of 
the President. Two-fifths of the board shall be selected from the Medi- 
cal Corps of the Navy, and the remainder shall be selected from officers 
of the Marine Corps, senior in rank, so far as may be, to the officer whose 
disability is to be inquired of. 

RATIONS. 

Title 14, Chap. 1. . Sec. 1146. Eacb ration shall consist of one pound and a quarter of 

beef or three-quarters of a pound of pork, eighteen ounces of bread or 

The ration. flour, and at the rate of ten pouuds of coffee, fifteen pounds of sugar, 
two quarts of salt, four quarts of vinegar, four ounces of pepper, four 
pounds of soap, and one pound and a half of candles to every hundred 
rations. The President may make such alterations in the component 
parts of the ration as a due regard to the health and comfort of the Army 
and economy may require. 
Coffee and su- g EC# 1147/ The Secretary of War may commute the ration of coffee 

gar commu e . anf | S11 g ar f 0Y ^ e ex tract of coffee combined with milk and sugar, if he 
shall believe such commutation to be conducive to the health aud com- 
fort of the Army, and not to be more expensive to the Government than 
the present ration ; provided, the same shall be acceptable to the men. 
[See § 1294, p. 166.] 
Sugar and cof- Sec. 114». The ration of sugar and coffee, when issued in kind, shall, 

lee in kind. when the convenience of the service permits, be issued weekly. 

Sales of tobacco. g EC# 114 t). Tobacco shall be furnished to the enlisted men by the com- 
missaries of subsistence, at cost prices, exclusive of the cost of transpor- 
tation, in such quantities as they may require, not exceeding sixteen 
ounces per month. [See § 1301, p. 166.] 

MARINE HOSPITALS. 



Sec. 

4585. Assessment of forty cents a month. 

4586. Hospital dues of vessel sold abroad. 

4801. Power to receive gifts in aid of marine hos- 

pitals. 

4802. Supervising surgeon of marine-hospital 

service. 



Sec. 

4803. Custody and appropriation of " fund for the 

relief of sick and disabled seamen." 

4804. Persons employed on canal-boats in the 

coasting-trade excluded. 

4805. Foreign seamen admitted. 



Title 53, Chap. 5. Sec. 4585. There shall be assessed and collected by the collectors of 
Assessment f customs at tne P orts °f the United States, from the master or owner of 
forty cents p e r every vessel of the United States arriving from a foreign port, or of 
month. every registered vessel employed in the coasting trade, and before such 

vessel shall be admitted to entry, the sum of forty cents per month for 
each and every seaman who shall have been employed on such vessel 
since she was last entered at auy port of the United States ; which sum 
such master or owner may collect and retain from the wages of such 
seamen. [See § 4803.] 
of vessels sold ^ EC ' 4586, Wnenever a sale or transfer of any vessel of the United 
abroad. States is made in a foreign port or water, the consular officer of the 

United States within whose consulate or district the same is made, or in 
whose hands the papers of such vessel are, is required to collect of the 
master or agent of such vessel all moneys that shall have become due 
to the United States by virtue of the preceding section, and shall re- 
main unpaid at the time of such sale or transfer ; and such consular 
officer shall retain possession of the papers of such vessel until such 
money shall have been paid as herein provided ; and in default of such 
payment the sale or transfer shall be void, excepting as against the 
vendor. 

Title 59, Chap. 1. Sec. 4801. The President is authorized to receive donations of real 
: or personal property, in the name of the United States, for the erection 

? ow . e t r . to re ; or support of hospitals for sick and disabled seamen, 
ceive gifts in aid Lr r 

of marine hos- 
pitals. 

Finding of dis- Sec. 1251. When a retiring-board finds that an officer is incapacitated for active 

ability by an in- service, and that his incapacity is the result of an incident of service, and such decision 

cident of service, is approved by the President, said officer shall be retired from active service and 

placed on the list of retired officers. 

Disability not Sec. 1252. "When the board finds that an officer is incapacitated for active service, 

by an incident of and that his incapacity is not the result of any incident of service, and its decision is 

service. apnroved by the President, the officer shall be retired from active service, or wholly 

retired from the service, as the President may determine. The names of officers 

wholly retired from the service shall be omitted from the Army Register. 

Officers entitled Sec. 1253. Except in cases where an officer may be retired by the President upon 

to a hearing. his own application, or by reason of his having served forty-five years, or of his 



169 

Sec. 4t>02. The Secretary of the Treasury shall, from time to time, Supervising 
appoint a surgeon to act as supervising surgeon of marine-hospital sur S eon ot " ™a- 
service, who shall, under the direction ot the Secretary, supervise all 86 rvioe. 
matters connected with the marine-hospital service, and with the dis- 
bursement of the fund for the relief of sick and disabled seamen. He 
shall be entitled to a salary of not more than two thousand dollars a 
year, and to his necessary traveling expenses. And he shall make monthly 
reports to the Secretary of the Treasury. * 

Sec. 4803. The several collectors of the customs shall respectively de- Custody and 
posit, without abatement or reduction, the sums collected by them under ^n^for 1 relief 
the provisions of law imposing a tax upon seamen for hospital purposes, „f sick and dis- 
with the nearest depositary of public moneys, and shall make returns abled seamen." 
of the same, with proper vouchers, monthly, to the Secretary of the 
Treasury, upon forms to be furnished by him. All such moneys shall 
be placed to the credit of "the fund for the relief of sick and disabled 
seamen ;" of which fund separate accounts shall be kept in the Treasury. 
Such fund is appropriated for the expenses of the marine-hospital service, 
and shall be employed, under the direction of the Secretary of the Treas- 
ury, for the care and relief of sick and disabled seamen employed in 
registered, enrolled, and licensed vessels of the United States. 

Sec. 4;04. No person employed in or connected with the navigation, Persons era- 
mauagement, or use of canal-boats engaged in the coasting-trade shall P^yed on canal- 
bv reason thereof be entitled to any benefit or relief from the marine- r ^t ts 1°*??^°^" 
hospital fund. eluded. 

Sec. 4805. Sick foreign seamen may be admitted to the marine hos- Foreign seamen 
pitals within the United States, if it can with convenience be done, on admitted. 

b« ing sixty-two years old, no officer shall be retired from active service, nor shall an 
officer, in any cas,e, be wholly retired from the service, without a full and fair hearing 
before an Army retiring-board, if, upon due summons, he demands it. 

Sec. 1254. Officers hereafter retired from active service shall be retired upon the Retired rank, 
actual rank held by them at the date of retirement. 

Sec. 1-235. Officers retired from active service shall be withdrawn from command Status of retired 
and from the line of promotion. officers. 

Sec. 1256. Officers retired from active service shall be entitled to wear the uniform Rights and lia- 
of the rank on which they may be retired. They shall continue to be borne on the bilities. 
Army Register, and shall be subject to the rules and articles of war, and to trial by 
general court-martial for any breach thereof. 

Sec 1257. When any officer in the line of promotion is retired from active service, Vacancies b v 
the next officer in rank shall be promoted to his place, according to the established re ti re nien + 
rules of the service; and the same rule of promotion shall be applied, successively, to "' 

the vacancies consequent upon such retirement. 

Sec. 1258. The whole number of officers of the Army on the retired list shall not dumber on the 
at any time exceed three hundred, ana any less number to be allowed thereon may be retired list. 
fixed by the President in his discretion. 

Sec. 1259. Retired officers of the Army may be assigned to duty at the Soldiers' Home, Assignment to 
upon a selection by the commissioners of that institution, approved by the Secretary duty, 
of War ; and a retired officer shall not be assignable to any other duty. 

Sec. 1260. Any retired officer may, on his own application, be detailed to serve as Detail as pro- 
professor in any college. fessor in a col- 
lege. 

Sec 1274. Officers retired from active service shall receive seventy-five per centum Title 14, Chap. 3. 

of the pay of the rank upon which they are retired. 

Officers retired 
from active serv- 
ice. 
An act for the relief of General Samuel W. Crawford, and to fix the rank and pay 
of retired officers of the Army. 

* March 3, 1871. 

Sr.c. 2. That all officers of the Array who have been heretofore retired by reason of ; 

disability arising from wounds received in action shall be considered as retired upon Officers retired 

the actual rank held by them, whether in the regular or volunteer service, at the time for disabili ty 

when such wound was received, and shall be borne on the retired list and receive pay from wounds in 

hereafter accordingly ; and this section shall be taken and construed to include those action, rank of, on 

now borne on the retired list placed upon it on account of wounds received in action : retired list. 

Provided, That no part of the foregoing act shall apply to those officers who had been Proviso. 

in service as commissioned officers twenty-five years at the date of their retirement ; Application of 

nor to those retired officers who had lost an arm or leg, or has ao. arm or leg perma- act. 

nently disabled by reason of resection, on account of wounds, or both eyes by reason 1868, c. 38, s. 2, 

of wounds received in battle; and every such officer now borne on the retired list v. 15, p. 58. 

shall be continued thereon notwithstanding the provisions of section two, chapter 

thirty-eight, act of March thirty, eighteen hundred and sixty-eight : And be it also pro- Proviso. 

tided. That no retiied officer shall be affected by this act, who has been retired or may Application of 

hereafter be retired on the rank held by him at the time of his retirement ; and that act. 

all acts or parts of acts inconsistent herewith be, and are hereby, repealed. Repeals. 

Approved March 3, 1875. 

*Act appropriating for sundry civil expenses. — That hereafter the salary of the super- 
vising Burgeon-general of the United States marine-hospital service shall be paid out 
of the marine-hospital fund, at the rate of four thousand dollars per year ; and the 
supervising Burgeon-general shall be appointed by the President, by and with the 
advice and consent of the Senate. 

Approved March 3, 1675. 



170 

the application of the master of any foreign vessel to which any such 
seaman may belong. Each seaman so admitted shall be subject to a 
charge of seventy-five cents per day for each day he may remain in the 
hospital, which shall be paid by the master of such foreign vessel to the 
collector of the collection-district in which such hospital is situated. 
And the collector shall not grant a clearauce to any foreign vessel uutil 
the money so due from her master shall be paid. The officer in charge 
of each hospital is hereby directed, under penalty of fifty dollars, to make 
out the accounts against each foreign seaman that may be placed in the 
hospital under his direction, and render the same to the collector. [See 
§ 6, March 3, 1875.] 

Act to promote economy and efficiency in the marine-hospital service. 

March 3, 1875. Sec. 6. That sick and disabled seamen of foreign vessels and of vessels 

■ — : not subject to hospital-dues may be cared for by the marine hospital 

ablea seamen of serv * C8 a * suc ^ ra, tes and under such regulations as the Secretary of the 
foreign vessels, Treasury may prescribe. 

Supervising Sec. 7. That the compensation of the Supervising Surgeon of the 
Surgeon of ma- United States marine-hospital service shall be paid out of the marine- 
rine-hospital ser- hospital fund, and the salary of the supervising surgeon shall be four 

vice ■ "" 
paid. 



salary, how thousand tlollars a y 



ear. 



Approved, March 3, 1875. 

MABINE SCHOOLS. 

An act to encourage the establishment of public marine schools. 
June 20, 1874. Beit enacted by the Senate and House of Representatives of the United 
Secretary of the ^ tates °f America in Congress assembled, That the Secretary of the Navy, 
Naw may fur- to promote nautical education, is hereby authorized and empowered to 
nish Vessels. furnish, upon the application in writing of the Governor of the State, a 
suitable vessel of the Navy, with all her apparel, charts, books, and 
instruments of navigation, provided the same can be spared without 
detriment to the naval service, to be used for the benefit of any nautical 
school, or school or college having a nautical branch, established at 
each or any of the ports of New York, Boston, Philadelphia, Baltimore, 
Condition. Norfolk, and San Francisco, upon the condition that there shall be main- 
tained, at such port, a school or branch of a school for the instruction 
of youths in navigation, seamauship, marine enginery and all matters 
pertaining to the proper construction, equipment and sailing of vessels 
or any particular branch thereof: And the President of the United 
States is hereby authorized, when in his opinion the same can be done 
Detail of offi- without detriment to the public service, to detail proper officers of the 
cers - Navy as superintendents of, or instructors in, such schools: Provided, 

That if any such school shall be discontinued, or the good of the naval 
service shall require, such vessel s^all be immediately restored to the 
Restoration of Secretary of the Navy, and the officers so detailed recalled : And pro- 
vessels. vided further, That no person shall be sentenced to, or received at, such 

Schools not for schools as a punishment or commutation of punishment for crime, 
penal purposes. Approved, June 20, 1874. 

MASTERS IK THE NAVY. 

See Line Officers. 
MATES. 



Sec. 

1408. Seamen may be rated as mates. 

1409. Eating shall not discharge from enlistment. 



Sec. 

1556. Pay of mates. 



Title 15, Chap. I. Sec. 1408. Mates may be rated, under authority of the Secretary of 
Seamen may he tne Nav y> ^ rom seamen and ordinary seamen who have enlisted in the 

rated as mates, naval service for not less than two years. 
Hating shall not Sec. 1409. The rating of an enlisted man as a mate, or his appoint- 

discharge from men t as a warrant officer, shall not discharge him from his enlistment. 

enlistment. 

Title 15, Chap. 8. gEC 1556 * * Mate*, when at sea, nine hundred dollars ; on shore 
Pay ofmate3. duty, seven hundred dollars; on leave, or waiting orders, five hundred 
dollars. 



171 



MEDICAL COEPS. 



Duties of surgeon of the fleet. 
Details of medical officers to Bureau of Medi- 
cine and Surgery. 
Acting assistant surgeons. 
Rank. 
Pay. 



Sec. Sec. 

136:?. Medical Corps, number of. 1374. 

1369. Appointments in, how made. 1375. 

1370. Appointment of assistant surgeons. 

1371. Appointment of surgeons. 1411. 
137-2. Rank of assistant surgeon in case of delayed 1474. 

examination. 1556. 
1373. Surgeon of the fleet. 

Sec. 13G8. The active list of the Medical Corps of the Navy shall con- Title 15, Chap. 1. 
sist of fifteen medical directors, fifteen medical inspectors, fifty surgeons, ^[eclical Corps • 
and one hundred assistant surgeons. number of. 

Sec. 1369. All appointments in the Medical Corps shall be made by Appointments 
the President, by and with the advice aud consent of the Senate. in, how made. 

Sec. 1370. Xo person shall be appoiuted assistant surgeon until ho Appointment 
has been examined and approved by a board of naval surgeous, desig- ot assistant sur- 
nated by the Secretary of the Navy; nor who is under twenty-one or g00U8, 
over twenty-six years of age. 

Sec. 1371. No person shall be appointed surgeon until he has served Appointment 
as an assistaut surgeon at least two years, on board a public vessel of of sur 2 son s. 
the United States at sea, nor until he has been examined and approved 
for such appointment, by a board of naval surgeous, designated by the 
Secretary of tbe Navy. 

Sec. 1372. TVben any assistant surgeon was absent from the United Rank of assist- 
States, on duty, at the time when others of his date w r ere examined, he ant surgeons in 
shall, if not rejected at a subsequent examination, be entitled to th 3 examination, 
same rank with them ; aud if, from any cause, his relative rank cannot 
be assigned to him, he shall retain his original position on the register. 

Sec. 1373. The President may designate among the surgeons in the Surgeon of the 
service, and appoint to every fleet or squadron au experienced and in- flset. 
telligeut surgeon, who shall be denominated " surgeon of the fleet," and 
shall be Burgeon of the flag-ship. 

Sec. 1374. The surgeon of the fleet shall, in addition to his duties as Duties of sur- 
surgeon of the flag-ship, examine aud approve all requisitions for med- S 80n ot't-he Ap- 
ical aud hospital stores for the squadron or fleet, and inspect their 
quality. He shall, in difficult cases, consult with the surgeons of the 
several ships, and he shall make, and transmit to the Navy Department, 
records of the character and treatment of diseases in the squadron or 
fleet. 

Sec. 1375. A surgeon, assistant surgeon, or passed assistant surgeon, Details of medi- 
may be detailed as assistant to the Bureau of Medicine and Surgery. ca l officers to Bu- 

° ^ reau of Medicine 

Sec. 1411. The Secretary of the Navy may appoint, for temporary ^Actiu^assist- 
service, such actiug assistant surgeons as the exigencies of the service ant surgeons, 
may require, who shall receive the compensation of assistant surgeons. 

Sec. 1474. Officers of the Medical Corp3 on the active list of the Navy Title 15, Chap. 4. 

shall have relative rank as follows: ■ 

Medical directors, the relative rank of captain. Rank. 

Medical inspectors, the relative rank of commander. 
Surgeons, the relative rauk of lieutenant-commauder or lieutenant. 
Passed assistant surgeons, the relative rank of lieutenant or master. 
Assistant surgeons, the relative rauk of master or ensign. 

Sec. 1556. Fleet-surgeons, * * * * , four thousand four hundred Title 15, Chap. 8. 

dollais - Pay of fleet- 

surgeons. 

Medical directors, medical inspectors, * * * , when on duty at Medical direct- 
sea, four thousand four hundred dollars. ors aad ins P&ct- 

AVhen not at sea, the same as surgeons and paymasters, respectively. ^Surgeons. 

Surgeons, * * * , during the first five years after date of commis- 
sion, when at sea, two thousand eight huudred dollars; on shore duty, 
two thousand four hundred dollars; on leave, or w r aitiug orders, two 
thousand dollars; during the sec >nd Wve years after such date, when at 
sea. three thousand two hundred dollars; on shore duty, two thousand 
eight hundred dollars ; on leave, or waiting orders, two thousand four 
hundred dollars; during the third five years after such date, when at 
sea, three thousand five hundred dollars; on shore duty, three thousand 
two hundred dollars; on leave, or waiting orders, two thousaud six hun- 
dred dollars; during the fourth five years after such date, when at sea, 



172 



three thousand seven hundred dollars ; on shore duty, three thousand 
six hundred dollars; on leave, or waiting orders, two thousand eight 
hundred dollars ; after twenty years from such date, when at sea, four 
thousand two hundred dollars ; on shore duty, four thousand dollars ; 
on leave, or waiting orders, three thousand dollars. 

Passed assistant surgeons, * * * , during the first five years after 
date of appointment, when at sea, two thousand dollars ; on shore duty, 
one thousand eight hundred dollars; on leave, or waiting orders, one 
thousand five hundred dollars ; after five years from such date, when at 
sea, two thousand two hundred dollars; on shore duty, two thousand 
dollars ; on leave or waiting orders, one thousand seven hundred dol- 
lars. 

Assistant surgeons, * * * , during the first five years after date 
of appointment, when at sea, one thousand seven hundred dollars ; on 
shore duty, one thousand four hundred dollars ; on leave, or waiting 
orders, one thousand dollars ; after five years from such date, when at 
sea, one thousand nine hundred dollars; on shore duty, one thousand 
six hundred dollars ; on leave, or waiting orders, one thousand two hun- 
dred dollars. 
Assistant snr- Assistant surgeons of three years' service, who have been found qual- 
g e o n s qualified jfied for promotion by a medical board of examiners, the pay of passed 



Passed assist 
ant surgeons. 



Assistant 
geons. 



for promotion 



assistant surgeons. 



MEDICINES — MEDICAL EXPENSES AND FUNERAL EX- 
PENSES. 

Sec. I Sec. 

1536. Medicines and medical attendance. | 1567. Funeral expenses. 

Title 15, Chap. 8. Sec. 1586. Expenses incurred by any officer of the Navy for medicines 
Medicines and au< ^ me ^ical attendance shall not be allowed unless they were incurred 

medical attend- when he was on duty, and the medicines could not have been obtained 

ance. from naval supplies, or the attendance of a naval medical officer could 

not have been had. 
Funeral ex- Sec. 1587. No funeral expense of a naval otficer who dies in the United 

penses. States, nor expenses for travel to attend the funeral of an officer who 

dies there, shall be allowed. But when an officer on duty dies in a for- 
eign country the expenses of his funeral, not exceeding his sea-pay for 
one month, shall be defrayed by the Government, and paid by the pay- 
master upon whose books the name of such officer was borne for pay. 



MIDSHIPMEN. 

See Line Officers and Naval Academy. 

MUKDER, MANSLAUGHTER, MAIMING, &C. 



Sec. 



Art. 6. Murder by persons on public ves- 
sels. 

5325. Punisbment of deatb by banging. 

5326. No conviction to work corruption of blood 

or forfeiture of estate. 

5327. "Whipping and the pillory abolished. 

5328. Jurisdiction of State courts. 

5329. Benefit of clergy. 

5330. Pardoning power. 
5339. Murder. 



Sec. 

5340. Delivery of offender's body for dissection, 

when. 

5341. Manslaughter. 

5342. Attempt to commit murder or manslaughter. 

5343. Punishment of manslaughter. 

5344. Officers and owners of steamboats through 

whose misconduct, &c, life is lost. 

5345. Rape. 

5346. Assault with a dangerous weapon. 

5347. Maltreatment of crew by officers of vessels. 

5348. Maiming, &c. 



Title 15,CSap.lO. Art. 6. If any person belonging to any public vessel of the United 
States commits the crime of murder without the territorial jurisdiction 
thereof, he may be tried by court-martial and punished with death. 



Title 70, Chap. 

Punishment of by hanging 
death by hang- 
ing. 

No conviction „ ro 9fi 
to work corrup- ^°- ^~?'. 
tion of blood or or any forfeiture of estate 
forfeiture of es- 
tate. 

Whipping and 
the pillory abol- 
ished. 



Sec. 5325. The manner of inflicting the punishment of death shall be 
[See § 5340.] 



No conviction or judgment shall work corruption of blood 



Sec. 5327. The punishment of whipping 
shall not be inflicted. 



and of standing in the pillory 



173 

Sec. 532S. Nothing in this Title shall be held to take away or impair ^ Jurisdiction of 
the jurisdiction of the courts of the several States under the laws State courts - 
thereof. 

Sec. 5329. The benefit of clergy shall not be used or allowed, upon Benefit of clergy. 
conviction of any crime for which the punishment is death. 

Sec. 5330. Whenever, by the judgment of any court or judicial officer pardoning 
of the United States, in any criminal proceeding, any person is sen- power, 
tenced to two kinds of punishment, the one pecuniary and the other 
corporal, the President shall have full discretionary power to pardon or 
remit, in whole or in part, either one of the two kinds, without, in any 
manner, impairing the legal validity of the other kind, or of any por- 
tion of either kind, not pardoned or remitted. 

Sec. 5339. Every person who commits murder — 

First. Within any fort, arsenal, dock-yard, magazine, or in any other Title 70, Chap. 1. 

place or district of country under the exclusive jurisdiction of the 

United States; Murder - 

Second. Or upon the high seas, or in any arm of the sea, or in any 
river, haven, creek, basiu, or bay within the admiralty and maritime 
jurisdiction of the United States, and out of the jurisdiction of any 
particular State ; 

Third. Or who upon any of such waters maliciously strikes, stabs, 
wounds, poisons, or shoots at any other person, of which striking, stab- 
bing, wounding, poisoning, or shooting such other person dies, either on 
laud or at sea, within or without the United States, shall suffer death. 
[See § 5326.] 

Sec. 5340. The court before which any person is convicted of murder, Delivery of of- 
rnay. in its discretion, add to the judgment of death, that the body of fender's body for 
the offender be delivered to a surgeon for dissection ; and the marshal dissectl0n ' when - 
who executes such judgment shall deliver the body, after execution, to 
such surgeon as the court may direct ; and such surgeon, or some person 
by him appointed, shall receive and take away the body at the time of 
execution. 

Sec. 5341. Every rjerson who, within any of the places or upon any of Manslaughter, 
the waters described in section fifty-three hundred and thirty-nine, un- 
lawfully and willfully, but without malice, strikes, stabs, wounds, or 
shoots at, or otherwise injures another, of which striking, stabbing, 
wounding, shooting, or other injury such other person dies, either on 
laud or sea, within or without the United States, is guilty of the crime 
of manslaughter. 

Sec. 5342. Every person who, within any of the places or upon any of Attempt to 
the waters described iu sectiou fifty-three hundred and thirty-nine, at- commit murder 
tempts to commit the crime of murder or manslaughter, by any means or manslau £ hter - 
not constituting the offense of assault with a dangerous weapon, shall 
be punished by imprisonment, with or without hard labor, not more 
than three years, and by a fine of not more than one thousand dollars. 

Sec. 5343. The punishment of manslaughter shall be imprisonment, p niatimeut of 
with or without hard labor, not more than three years, and by a fine of mau^au^-hier 
not more than one thousand dollars, except as otherwise specially pro- 
vided by law. 

Sec. 5344. Every captain, engineer, pilot, or other person employed Officers and 
on any steamboat or vessel, by whose misconduct, negligence, or inat- owners iof steam- 
tcntiou to his duties on such vessel, the life of any person is destroyed, Jffose Sn- 
and every owner, inspector, or other public officer, through whose fraud, duct, &c, life is 
connivauce, misconduct, or violation of law, the life of any person islost, guilty of 
destroyed, shall be deemed guilty of manslaughter, and, upon convic- manslaughter. 
tion thereof before any circuit court of the Uuited States, shall be sen- 
tenced to confinement at hard labor for a period of not more than ten 
years. 

Sec. 5345. Every person who, within any of the places or upon any Rape, 
of the waters specified in section fifty-three hundred and thirty-nine, 
commits the crime of rape shall suffer death. 

Sec. 5346. Every person who, upon the high seas, or in any arm of the Assault with a 
sea, or in any river, haven, creek, basin, or bay, within the admiralty W( f a p OU \ e r ° u 8 
jurisdiction of the United States, and out of the jurisdiction of any par- 
ticular Sta'e, on board any vessel belonging in whole or part to the 
United States, or any citizen thereof, with a dangerous weapon, or with 
intent to perpetrate any felony, commits an assault on another shall be 



174 

punished by a fine of not more than three thousand dollars, and by im- 
prisonment at hard labor not more than three years. 
Maltreatment Sec. 5347. Every master or other officer of any American vessel on 
of ciew by officers the high seas, or on any other waters within the admiralty and mari- 
time jurisdiction of the United States, who, from malice, hatred, or re- 
venge, and without justifiable cause, beats, wounds, or imprisons any 
of the crew of such vessel, or withholds from them suitable food and 
nourishment, or inflicts upon them any cruel and unusual punishment, 
shall be punished by a fine of not more than one thousand dollars, or 
by imprisonment not more than five years, or by both. 

Sec. 5348. Every person who, within any of the places upon the land 
under the exclusive jurisdiction of the United States, or who, upon the 
high seas, in any vessel belonging to the United States, or to any citizen 
thereof, maliciously cuts off the ear, cuts out or disables the tongue, puts 
out an eye, slits the nose, cuts off the nose or lip, or cuts off or disables 
any limb or member of any person, with intent to main or disfigure such 
person, shall be imprisoned at hard labor not more than seven years, 
and fined not more than one thousand dollars. 



MUTINY, &c. 



Art. 
4. Mutiny in the Navy 



Sec. 

5359. Inciting revolt or mutiny on shipboard. 

5360. Revolt and mutiny on shipboard. 

Art. 4. The punishment of death, or such other punishment as a 
court-martial may adjudge, may be inflicted on any person in the naval 
service — 

Title 15, Chap. 10. First. Who makes, or attempts to make, or unites with any mutiny or 

: ; mutinous assembly, or, being witness to or present at any mutiny, does 

Mutiny in the no ^ ^ jj| s n tmost to suppress it; or, knowing of any mutinous assembly 
or of any intended mutiny, does not immediately communicate his 

knowledge to his superior or commanding officer ; 

* # * * * # # 

Title 70, Chap. 3. Sec. 5359. If any one of the crew of any American vessel on the high 

— -seas, or other waters within the admiralty and maritime jurisdiction of 

Inciting revolt the United States, endeavors to make a revolt or mutiny on board such 
shipboard! 1 y ° " vesse ^ or combines, conspires, or confederates with any other person on 
board to make such revolt or mutiny, or solicits, incites, or stirs up any 
other of the crew to disobey or resist the lawful orders of the master, or 
other officer of such vessel, or to refuse or neglect their proper duty on 
board thereof, or to betray their proper trust, or assembles with others 
in a tumultuous and mutinous manner, or makes a riot on board thereof, 
or unlawfully coufines the master, or other commanding officer thereof, 
he shall be punished by a fine of not more than one thousand dollars, or 
by imprisonment not more than five years, or by both such fine and 
imprisonment. 
Revolt and mu- Sec. 5360. If any one of the crew of an American vessel on the high 
tiny on ship- seas, or on any other waters within the admiralty and maritime juris- 
board. diction of the United States, unlawfully and with force, or by fraud, or 

intimidation, usurps the command of such vessel from the master or 
other lawful officer in command thereof, or deprives him of authority 
and command on board, or resists or prevents him in the free and lawful 
exercise thereof, or transfers such authority and command to another not 
lawfully entitled thereto, he is guilty of a revolt aud mutiny, aud shall 
be punished by a fine of not more than two thousand dollars, and by 
imprisonment at hard labor not more than ten years. 

NATUEALIZATIOK 



Sec. 

2165. Aliens, how naturalized. 

2166. Aliens honorably discharged from military 

service. 

2167. Minor residents. 

2168. Widow and children of declarants. 

2169. Aliens of African nativity and descent. 

2170. Residence of five years in United States. 



Sec. 

2171. Alien enemies not admitted. 

2172. Children of persons naturalized under cer- 

tain laws to be citizens. 

2173. Police court of District of Columbia has no 

power to naturalize foreigners. 

2174. Naturalization of seamen. 
5395. Taking false oath. 



Title 30. Sec. 2165. An alien may be admitted to become a citizen of the United 

Aliens hownat- States in the following manner, and not otherwise: 
uralized. First. He shall declare on oath, before a circuit or district court of 

Declaration of the United States, or a district or supreme court of the Territories, or a 
intention. 



175 

court of record of any of the States having common-law jurisdiction, 
and a seal and clerk, two years, at least, prior to his admission, that it 
is boDa tide his intention to become a citizen of the United States, and 
to renounce forever all allegiance and fidelity to auy foreign prince, 
potentate, state, or sovereignty, and, particularly, by name, to the prince, 
potentate, state, or sovereignty of which the alien may be at the time a 
citizen or subject. 

Second. He shall, at the time of his application to be admitted, de- Oath to support 
clare, on oath, before some one of the courts above specified, that he the Constitution 
will support the Constitution of the United States, and that he abso-g tates e ni e 
lutely and entirely renounces and abjures all allegiance and fidelity to 
every foreign prince, potentate, state, or sovereignty; and, particularly, 
by name, to the prince, potentate, state, or sovereignty of which he was 
before a citizen or subject; which proceedings shall be recorded by the 
clerk of the court. 

Third. It shall be made to appear to the satisfaction of the court ad- Residence in 
mittiug such alien that he has resided within the United States nve ^ t ate e s d fnd^ood 
years at least, and within the State or Territory where such court is at moraf'character. 
the time held, one year at least; and that during that time he has be- 
haved as a man of a good moral character, attached to the principles 
of the Constitution of the United States, and well disposed to the good 
order and happiness of the same ; but the oath of the applicant shall in 
no case be allowed to prove his residence. 

Fourth. In case the alien applying to be admitted to citizenship has Titlesofnobility 
borne any hereditary title, or been of any of the orders of nobility iu toberenouaced - 
the kingdom or state from which he came, he shall, in addition to the 
above requisites, make an express renunciation of his title or order of 
nobility in the court to which his application is made, and his renuncia- 
tion shall be recorded in the court. 

Fifth. Any alien who was residing within the limits and under the . Persons resid- 
iurisdiction of the United States before the twenty-ninth day of Janu- g n A in ^lf P^lg 
ary, one thousand seven hundred and ninety-five, may be admitted to January, 1795. 
become a citizen, on due proof made to some one of the courts above 
specified, that he has resided two years, at least, within the jurisdiction 
of the United States, and one year, at least, immediately preceding his 
application, within the State or Territory where such court is at the 
time held ; and on his declaring on oath that he will support the Con- 
stitution of the United States, and that he absolutely and entirely 
renounces and abjures all allegiance and fidelity to any foreign prince, 
potentate, state, or sovereignty, and, particularly, by name, to the prince, 
potentate, state, or sovereignty whereof he was before a citizen or sub- 
ject ; and, also, on its appearing to the satisfaction of the court, that 
during such term of two years he has behaved as a man of good moral 
character, attached to the Constitution of the United States, and well 
disposed to the good order and happiness of the same; and where the 
alien, applying for admission to citizenship, has borne any hereditary 
title, or been of any of the orders of nobility in the kingdom or state 
from which he came, on his, moreover, making in the court an express 
renunciation of his title or order of nobility. All of the proceedings, 
required in this condition to be performed in the court, shall be recorded 
by the clerk thereof. 

Sixth. Any alien who was residing within the limits and under the Persons resid- 
jurisdiction of the United States, between the eighteenth day of June, in S between 18 
one thousand seven hundred and ninety-eight, and the eighteenth day J UDe ' JZ?| and18 
of June, one thousand eight hundred and twelve, and who has continued une ' 
to reside within the same, may be admitted to become a citizen of the 
United States without having made any previous declaration of his in- 
tention to become such ; but whenever any person, without a certificate 
of such declaration of intention, makes application to be admitted a 
citizen, it must be proved to the satisfaction of the court, that the ap- 
plicant was residing within the limits and under the jurisdiction of the 
United States before the eighteenth day of June, one thousand eight 
hundred and twelve, and has continued to reside within the same ; and 
the residence of the applicant within the limits and under the jurisdic- 
tion of the United States, for at least five years immediately preceding 
the time of such application, must be proved by the oath of citizens of 
the United States, which citizens shall be named in the record as wit- 
nesses ; and such continued residence within the limits and under the 
jurisdiction of the United States, when satisfactorily proved, and the 
place where the applicant has resided for at least five years, shall be 



176 



Aliens honor- 
ably discharged 
from military 
service. 



Minor residents. 



"Widow and chih 
dren of declar- 
ants. 



Aliens of Afri- 
can nativity and 
descent. 

Residence o f 
five years in 
United States. 

Alien enemies 
not admitted. 



Children of per- 
sons naturalized 
under certain 
laws to be citi- 
zens. 



stated and set forth, together with the names of such citizens, in the 
record of the court admitting the applicant ; otherwise the same shall 
not entitle him to he considered and deemed a citizen of the United 
States. 

Sec. 2166. Any alien, of the age of twenty-one years and upward, 
who has enlisted, or may enlist, in the armies of the United States, 
either the regular or the volunteer forces, and has heen, or may be here- 
after, honorably discharged, shall be admitted to become a citizen of the 
United States, upon his petition, without any previous declaration of 
his intention to become such ; and he shall not be required to prove more 
than one year's residence within the United States previous to his 
application to become such citizeu ; and the court admitting such alien 
shall, in addition to such proof of residence and good moral character, 
as now provided by law, be satisfied by competent proof of such per- 
son's having been honorably discharged from the service of the United 
States. 

Sec. 2167. Any alien, being under the age of twenty-one years, who 
has resided in the United States three years next preceding his arriving 
at that age, and who has continued to reside therein to the time he may 
make application to be admitted a citizen thereof, may, after he arrives 
at the age of twenty-one years, and after he has resided five years 
within the United States, including the three years of his minority, be 
admitted a citizen of the United States, without having made the dec- 
laration required in the first condition of section twenty-one hundred 
and sixty-five; but such alien shall make the declaration required 
therein at the time of his admission ; and shall further declare, on oath, 
and prove to the satisfaction of the court, that, for two years next pre- 
ceding, it has been his bona-fide intention to become a citizen of the 
United States ; and he shall in all other respects comply with the laws 
in regard to naturalization. 

Sec. 2168. When any alien, who has complied with the first condition 
specified in section twenty-one hundred and sixty-five, dies before he is 
actually naturalized, the widow and the children of such alien shall be 
considered as citizens of the United States, and shall be entitled to all 
rights and privileges as such, upon taking the oaths proscribed* by 
law. 

Sec. 2169. The provisions of this Title shall apply to alienst of Afri- 
can nativity and to persons of African descent. 

Sec. 2170. No alien shall be admitted to become a citizen who has not 
for the continued term of five years next preceding his admission re- 
sided within the United States. 

Sec. 2171. No alien who is a native citizen or subject, or a denizen of 
any country, state, or sovereignty with which the United States are at 
war, at the time of his application, shall be then admitted to become a 
citizen of the United States; but persons resident within the United 
States, or the Territories thereof, on the eighteenth day of June, in the 
year one thousand eight hundred and twelve, who had before that day 
made a declaration, according to law, of their intention to become citi- 
zens of the United States, or who were on that day entitled to become 
citizens without making such declaration, may be admitted to become 
citizens thereof, notwithstanding they were alien enemies at the time 
and in the manner prescribed by the laws heretofore passed on that 
subject ; nor shall anything herein contained be taken or construed to 
interfere with or prevent the apprehension and removal, agreeably to 
law, of any alien enemy at any time previous to the actual naturaliza- 
tion of such alien. 

Sec. 2172. The children of persons who have been duly naturalized 
under any law of the United States, or who, previous to the passing of 
any law on that subject, by the Government of the United States, may 
have become citizens of any one of the States, under the laws thereof, 
being under the age of twenty-one years at the time of the naturalization 
of their parents, shall, if dwelling in the United States, be considered 
as citizens thereof; and the children of persons who now are, or have 
been, citizens of the United States, shall, though born out of the limits 
and jurisdiction of the United States, be considered as citizens thereof; 
but no person heretofore proscribed by any State, or who has been 
legally convicted of having joined the army of Great Britain during the 



* Error in the roll ; should be prescribed. 

t " Being free white persons, and to aliens" to be inserted ; act of February 18, 1875. 



177 



Kevolutionary War, shall be admitted to become a citizen without the 
consent of the legislature of the State in which such person was pro- 
scribed. 

Sec. 2173. The police court of the District of Columbia shall have no Police court of 
power to naturalize foreigners. District of Co- 

r ° luuibia has no 

power to natural- 
ize foreigners. 

Sec. 2174. Every seaman, being a foreigner, who declares his intention Naturalization 
of becoming a citizen of the United States in any competent court, and of seamen. 
shall have served three years on board of a merchant-vessel of the 
United States subsequent to the date of such declaration, may, on his 
application to any competent court, and the production of his certificate 
of discharge and good conduct during that time, together with the cer- 
tificate of his declaration of intention to become a citizen, be admitted 
a citizen of the United States; and every seaman, being a foreigner, 
shall, after his declaration of intention to become a citizen of the United 
States, and after he shall have served such three years, be deemed a 
citizen of the United States for the purpose of manning and serving on 
board any merchant-vessel of the United States, anything to the con- 
trary in any act of Congress notwithstanding ; but such seaman shall, 
for all purposes of protection as an American citizen, he deemed such, 
after the filing of his declaration of intention to become such citizen. 

Sec. 5395. In all cases where any oath or affidavit is made or taken xitle 70, Chap. 4. 
under or by virtue of any law relating to the naturalization of aliens, or 



in any proceedings under such laws, any person taking or making such Taking false 
oath or affidavit who knowingly swears falsely, shall be punished by ? at ^. in natural - 
imprisonmeut not more than five years, nor less than one year, and by lza 10U ' 
a fine of not more than one thousand dollars. [See"§§ 2165-2174 ; also 
5424-5425, Citizenship.] 



NAUTICAL ALMANAC. 

Sec. 436. The Secretary of the Navy may place the supervision of Title 10. 

the Nautical Almanac in charge of any officer or professor of mathe 

matics in the Navy who is competent for that service. Such officer or Nautical Alma- 
professor, when so employed, shall be entitled to receive the shore-duty nac - 
pay of his grade, and no other. 

NAVY DEPARTMENT. 

See Department of the Navy. 

NAYAL ACADEMY. 



Sec. 

14;3. Rank of graduates of the Academy. 

1511. Where established. * 

1512. Title of students. 

1513. Number of cadet-midshipmen. 

1514. Nomination of candidates. 

1515. Examination of candidates. 

1516. Second recommendation. 

1517. Qualifications. 
Appropriations, how applied. 

1519. Cadet-midshipmen found deficient. 

1520. Academic course. 



Sec. 

1531. Promotion to midshipmen. 

1 522. Cadet-engineers. 

1523. Xumber and appointment of. 
15-21. Academic cour.se of. 

1525. Examinations of. 

152G. Studies not to be pursued on Sunday. 

1527. Store-keeper at the Academy. 

152^. Professors of ethics, Spanish, and drawing 

1556. Pay of cadets, <fcc. 

1577. Rations. 

Prevention of hazing. 



Sec. 1483. Graduates of the Naval Academy shall take rank accord- Title 45, Chap. 4. 
iug to their proficiency as shown oy their order of merit at the date of Kauk 0I 
graduation. ate s of Naval 

Academy. 
Sec. 1511. The Naval Academy shall he established at Annapolis, in Title 15, Ch ap. 5. 
the State of Maryland. Where estab- 

lished. 
Sec. 1512. The students at the Naval Academy shall be styled cadet Title of stu- 
midshipmen. dents. 

Sec. 1513. There shall be allowed at said Academy one cadet mid- Number of ca- 
shipnian for every Member or Delegate of the House of Bepreaeuta- " m D " lcn ' 

"lie for the District of Columbia, and ten appointed annually at 
large. 

. 1514. The Secretary of the Navy shall, as soon after the 5th of Nomination of 
March in each year as possible, notify, in writing, each Member and candidates. 

12 N L 



178 

Delegate of the House of Representatives of any vacancy that may exist 
in his district. The nomination of a candidate to fill said vacancy shall 
be made upon the recommendation of the Member or Delegate, if such 
recommendation is made by the first day of July of that year ; but if it 
is not made by that time, the Secretary of the Navy shall fill the vacancy. 
The candidate allowed for the District of Columbia and all the candi- 
dates appointed at large shall be selected by the President. 
Examination of Sec. 1515. All candidates for admission into the Academy shall be 

candidates. examined according to such regulations and at such stated times as the 

Secretary of the Navy may prescribe. Candidates rejected at such 
examination shall not have the privilege of another examination for 
admission to the same class, unless recommended by the board of 
examiners. 
Second recom- Sec. 1516. When any candidate who has been nominated upon the 

mendation. recommendation of a Member or Delegate of the House of Representa- 

tives is found, upon examination, to be physically or mentally disquali- 
fied for admission, the Member or Delegate shall be notified to recom- 
mend another candidate, who shall be examined according to the pro- 
visions of the preceding section. 
Qualifications. Sec. 1517. Candidates allowed for congressional districts, for Terri- 
tories, and for the District of Columbia must be actual residents of the 
districts or Territories, respectively, from which they are nominated. 
And all candidates must, at the time of their examination for admission, 
be between the ages of fourteen and eighteen years, and physically 
sound, well formed, and of robust constitution. 
Appropriations, Sec. 1518. No money appropriated for the support of the Naval Acad- 

liow applied. emy bhall be applied to the support of any midshipman appointed other- 
wise than in strict conformance with the provisions of this chapter. 
Cadet-midship- Sec. 1519. Cadet midshipmen found deficient at any examination 

men found defi- shall not be continued at the Academy or in the service unless upon the 



cient. 



ecommendation of the academic board. 



Academic Sec. 1520. The academic course of cadet midshipmen shall be six 

Pro motion to g EC> 1521. When cadet midshipmen shall have passed successfully the 
midshipmen. graduating examination at the Academy, they shall receive appointments 
as midshipmen and shall take rank according to their proficiency as 
shown by the order of their merit at date of graduation. 
Cadet engi- Sec. 1?>22. The Secretary of the Navy is authorized to make provis- 
mfrs - ion, by regulations issued by him, for educating at the Naval Academy, 

as naval constructors or steam engineers, such midshipmen and others 
as may show a peculiar aptitude therefor. He may, for this purpose, 
form a separate class at the Academy, to be styled cadet engineers, or 
otherwise afford to such persons all proper facilities for such a scien- 
tific mechanical education as will fit them for said professions. 
Number and ap- Sec. 1523. Cadet engineers shall be appointed by the Secretary of the 
pointment of. Navy. They shall not at any time exceed fifty in number,* and no per- 
sons, other than midshipmen, shall be eligible for appointment unless 
they shall first produce satisfactory evidence of mechanical skill and 
proficiency, and shall have passed an examination as to their mental aud 
physical qualifications. 
Academic Sec. 1524. The cours"e for cadet engineers shall be four years, includ- 
course of . ^ w0 vea , r8 f service on naval steamers.! 

Examinations Sec. 1525. Cadet engineers shall be examined from time to time, ac- 

of. cording to regulations prescribed by the Secretary of the Navy, and if 

found deficient at any examination, or if dismissed for misconduct, they 

* Sec. 3. That .so much, of the act entitled "An act to authorize the Secretary of the 
Navy to provide for the education of naval constructors and steam-engineers, and for 
other purposes," approved July fourth, eighteen hundred and sixty-four, as provides 
that cadet-engineers, not to exceed fifty in number, shall be appointed by the Secretary 
of the Navy, is hereby repealed ; and cadet-engineers shall hereafter be appointed an- 
nually by the Secretary of the Navy, and the number appointed each year shall not 
exceed twenty-five ; and that all acts or parts of acts inconsistent with the provisions 
of this act be, and the same are hereby, repealed. 

Approved, June '22, 1874. 

tSEC. 2. That from and after the thirtieth day of June, eighteen hundred and sev- 
enty-four, the course of instruction at the Naval Academy for cadet-engineers shall 
be four years, instead of two as now provided by law ; and this provision shall first 
apply to the class of cadet-engineers entering the academy in the year eighteen hun- 
dred and seventy-four, and to all subsequent classes ; and that all acts or parts of acts 
inconsistent herewith be, and are hereby, repealed. 

Approved, February 24, 1874. 



179 

shall not be continued in the Academy or ill the service except upon 
the recommendation of the academic board. 

Sec. 1526. The Secretary of the Navy shall arrange the course of studies not to 
studies and the order of recitations at the Naval Academy so that the pursued on Sun- 
students in said institution shall not be required to pursue their studies da 5'- 
on Sunday. 

Sec. 1527. The store-keeper at the Naval Academy shall be detailed Store-keeper at 
from the Paymaster's Corps, aud shall have authority, with the ap- the academy, 
proval of the Secretary of the Navy, to procure clothing and other 
necessaries for the midshipmen and cadet engineers in the same man- 
ner as supplies are furnished to the Navy, to be issued under such regu- 
lations as may be prescribed by the Secretary of the Navy. 

Sec. 152^. Three professors of mathematics shall be assigned to duty Professorsof 
at the Naval Academy, one as professor of ethics and English studies, ethics, Spanish, 
one as professor of the Spanish language, and one as professor of draw- drawing, 
ing. 

Sec 1556. Midshipmen, after graduation, when at sea, one thousand Title 15, Chap. 8. 
dollars : on shore duty, eight hundred dollars ; on leave, or waiting or- p a yof midship- 
ders, six hundred dollars. men. 

Cadet midshipmen, live hundred dollars. Cadet- midship- 

Cadet engineers, before final academic examination, five hundred dol- Cadet- engi- 
lars. neers. 

After final academic examination, and until warranted as assistant 
engineers when on duty at sea, one thousand dollars ; on shore duty, 
eight hundred dollars ; on leave or waiting orders, six hundred dollars. 

Secretary of the Naval Academy, one thousand eight hundred dol- Secretary, 
lars. 

Clerks to paymasters at the Naval Academy and Naval Asylum, one Paymasters' 
thousand three hundred dollars. clerk. 

Sec. 1577. Midshipmen, and acting midshipmen in the Navy, shall be Rations to mid- 
entitled to one ration, or to commutation therefor.* shipmen, &c. 

An Act to prevent hazing at the Xaval Academy. 

Be it enacted by the Senate and Rouse of Representatives of the United June 23, 1874. 
States of America in Congress assembled, That in all cases when it shall Hazilirr at t]ie 
come to the knowledge of the superintendent of the Naval Academy, at Xaval Academy. 
Annapolis, that any cadet-midshipman or cadet-engineer has been guilty 
of the offense commonly known as hazing, it shall be the duty of said Offenders to be 
superintendent to order a court-martial, composed of not less than three court-martialed, 
commissioned officers, who shall minutely examine into all the facts and 
circumstances of the case and make a finding thereon : and any cadet- if rruiity^o be 
midshipman or cadet-engineer found guilty of said offense by said court dismissed. ' 
shall, upon recommendation of said court be dismissed ; and such find- To ^ e f orever 
ing, wheu approved by said superintendent, shall be final; and a cadet ineligible to ap- 
so dismissed from said Naval Academy shall be forever ineligible to re- pointment. 
appointment to said Naval Academy. 

Approved, June 23, 1874. 

NAVAL CONSTRUCTORS AND ASSISTANT NAVAL CON- 

STRUCTORS. 

Sec. Sec. 

1402. Xaval constructors, number and appoint- i 1404. "Duty. 

ment of. 1477. Rank. 

1403. Assistant naval constructors. | 1556. Pay. 

Sec. 1402. The President, by and with the advice and consent of the Title 15, Chap. I. 
Senate, may appoint naval constructors, who shall have rank and pay ^ ava i con . 
as officers of the Navy. structors, n u m- 

ber and appoint- 
ment of. 
Sec. 1403. Cadet-engineers who are graduated with credit in the scien- Assistant na- 
tific and mechanical class of the Naval Academy may, upon the recom- ™i constructors, 
mendation of the academic board, be immediately appointed as assistant 
naval constructors. [See Q 1522, Naval Academy.] 

. 14<i4. Xaval constructors may be required to perform duty at any Duty, 
navy-yard or other station. 

Sec. 1477. Of the naval constructors, two shall have the relative rank Title !5, Chap. 4. 
of captain, three of commander, and all others that of lieutenant-com- 

* The com mutation-price of the ration is thirty cents ; cadet-engineers also arc al- 
lowed a ration. 



180 

mancler or lienteuant. Assistant naval constructors shall have the rela- 
tive rank of lieutenant or master. 
Title 15, Chap. P. Sec. 1556. Naval constructors, during the first five years after date of 

— — -appointment, when on duty, three thousand two hundred dollars ; on 

constructors* 1 leave, or waiting orders, two thousand two hundred dollars ; during the 
second five years after such date, when on duty, three thousand four 
hundred dollars; on leave, or waiting orders, two thousand four hun- 
dred dollars; during the third five years after such date, when on duty, 
three thousand seven hundred dollars ; on leave, or waiting orders, two 
thousand seven hundred dollars ; during the fourth five years after such 
date, when on duty, four thousand dollars ; on leave or waiting orders, 
three thousand dollars ; after twenty years from such date, when on 
duty, four thousand two hundred dollars ; on leave, or waiting orders', 
three thousand two hundred dollars. 
Pay of assist- Assistant naval constructors, during the first four years after date of 
ant naval con- appointment, when on duty, two thousand dollars; on leave, or waiting 
orders, one thousand five hundred dollars; during the second four years 
after such date, when on duty, two thousand two hundred dollars ; on 
leave, or waiting orders, one thousand seven hundred dollars ; after 
eight years from such date, when on duty, two thousand six hundred 
dollars; on leave, or waiting orders, one thousand nine hundred dollars. 

NAVAL OBSEKVATOKY. 

Sec. I Sec. 

434. Pay of superintendent. I 435. Meridians adopted. 

Title 10. Sec. 434. The officer of the Navy employed as superintendent of the 

N lObserv ^aval Observatory at Washington shall he entitled to receive the shore- 
torv aTa a dnty pay of his grade, and no other. 

Meridians. Sec. 435. The meridian of the Observatory at Washington shall be 

adopted and used as the American meridian for all astronomical pur- 
poses, and the meridian of Greenwich shall be adopted for all nautical 
purposes. 

NAVAL STORE-KEEPERS. 

See under Civil Engineers. 

NAVY HOSPITALS. 



Sec. 

4807. Superintendence of Navy hospitals. 

4808. Deductions from pay of seamen, &c, for 

Navy-hospital fund. 

4809. Appropriation of fines. 



Sec. 

4810. Purchase and erection of Navy hospitals. 

4811. Government of Naval Asyluni. 

4812. Allowance of rations to Navy hospitals. 

4813. Allowance from pensions. 

Title 59, Chap, t. Sec. 4807. The Secretary of the Navy shall have the general charge 

Superin tend- and superintendence of Navy hospitals, 
ence of Navy 

Deduction from Sec. 4808. The Secretary of the Navy shall deduct from the pay due 
pay of seamen, each officer, seaman and marine, in the Navy, at the rate of twenty 
&c, for Navy cents per mouth for each person, to be applied to the fund for Navy 
hospital fund. hospit i ls> 

Appropriation Sec. 4809. All fines imposed on navy officers, seamen, and marines 
of fines. shall be paid to the Secretary of the Navy, for the maintenance of Navy 

hospitals. 
Purchase and Sec. 4810. The Secretary of the Navy shall procure at suitable places 
erection of Navy proper sites for Navy hospitals, and if the necessary buildings are not 
hospitals. procured with the site, shall cause such to be erected, having due regard 

to economy, and giving preference to such plans as with most conven- 
ience and least cost will admit of subsequent additions, when the funds 
permit and circumstances require ; and shall provide, at one of the estab- 
lishments, a permanent asylum for disabled and decrepit Navy officers, 
seamen, and marines. 
Government of Sec. 4811. The asylum for disabled and decrepit Navy officers. sea- 
Naval Asylum, men, and marines shall be governed in accordance with the rules and 
• regulations prescribed by the Secretary of the Navy.* 

* National Home for Disabled Volunteer Soldiers. 
Sec. 4832. * * * Volunteer soldiers and sailors of the war of eighteen hundred 
and twelve and of the Mexican war, and not provided for by existing laws, who have 
been or may be disabled by wounds received or sickness contracted in the line of their 
duty ; and such of these as have neither wife, child, nor parent dependent upon them, 
on becoming inmates of this home, or receiving relief therefrom, shall assign thereto 
their pensions when required by the board of managers, during the time they shall 
remain therein or receive its benefits. [These homes are at Augusta, Me., Milwau- 
kee, Wis., Dayton, Ohio, Knightstown, Ind , and Hampton, Va.] 



181 

Sec. 4812. For every Navy officer, seaman, or marine admitted into a Allowance^ of 
Navy hospital, the institution shall be allowed one ration per day during JJjjJjJJj^ ^ avy 
his continuance therein, to be deducted from the account of the Uuited 10! * lH 
States with such officer, seaman, or marine. 

Sec. 4^13. Whenever any Navy officer, seaman, or marine, entitled to Allowance from 
a pension, is a imitted to a Navy hospital, the pension, during his con- pension, 
tiuuauce in the hospital, shall be paid to the Secretary of the Navy and 
deducted from the account of such pensioner. 

NAVY-YARDS. 



Sec. 

355. Title to land to be purchased. 
1416. Civil officers at yards may be discontinued. 
154-2. Commandants of navy-yards. 

1543. Master- workmen. 

1544. Laborers, how selected. 

1545. Salaries ; per diem compensation. 



Sec. 

1546. Eequirin£ contributions for political pur- 
poses at navy-yards. 

1838. Land purchased for yards. 

3733. Eight hours a day's labor. 

Settlement of accounts under eight-hour 

law. 



Sec. 355. No public money shall be expended upon any site or land Title 8. 

purchased by the United States for the purposes of erecting thereon any Title to land to 
armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, De purchased by 
or other public building, of any kind whatever until the written opinion the United 
of the Attorney-General shall be had in favor of the validity of the title, States, 
nor uutil the consent of the legislature of the State in which the laud 
or site may be. to such purchase, has been given. The district attorneys 
of the United States, upon the application of- the Attorney-General, shall 
fnrnish any assistance or information in their power in relation to the 
titles of the public property lying within their respective districts. And 
the Secretaries of the Departments, upou the application of the Attorney- 
Geueral, shall procure any additional evidence of title which he may 
deem necessary, and which may not be in the possession of the officers 
of the Government, and the expense of procuring it shall be paid out of 
the appropriations made for the contingencies of the Departments re- 
spectively. 

Sec. 1416. The Secretary of the Navy is authorized, when in his Title i5, Chap. 1. 

opinion the public interest will permit it, to discontinue the office or — — — 

employment of any measurer and inspector of timber, clerk of the yard, c *7 officers a 
clerk of the commandant, clerk of the store-keeper, clerk of the naval discontinued by 
constructor, and the keeper of the magazine employed at any navy-yard, Secretary of the 
and to require the duties of the keeper of the magazine to be performed Navy. 
by gunners. 

Sec. 1542. The President may select the commandauts of the several Title 15. Char. 8. 
navy-yards from officers not below the grade of commander. Commandants 

Sec. 1543. The persons employed at the several navy-yards to super- of navy -yards. 
intend the mechanical departments, and heretofore known as master men as er " wor 
mechanics, master carpenters, master joiners, master blacksmiths, master 
boiler-makers, master sail-makers, master plumbers, master painters, 
master calkers, master masons, master boat-builders, master spar-makers, 
master block-makers, master laborers, and the superintendents of rope- 
walks, shall be men skilled in their several duties and appointed from 
civil life, and shall not be appointed from the officers of the Navy. 

SEC. 1544. Laborers shall be employed in the several navy-yards by Laborers how 
the proper officers in charge with reference to skill and efficiency, and selected. ' 
without regard to other considerations. 

1545. Salaries shall not be paid to any employes in any of the Salaries; per 
navy-yards, except those who are designated in the estimates. All diem coinpensa- 
other persona shall receive a per diem compensation for the time during tion. 

which they may be actually employed. 

1546. No officer or employe" of the Government shall require or Requiring con- 
request any working man in any navy-yard to contribute or pay any tributions for po- 
money for political purposes, nor shall any working man be removed litical purposes 
or discharged for political opinion; and any officer or employe of the at navy '- v s ' 
Government who shall offend against the provisions of this section 

shall be dismissed from the service of the United States. 

SEC 1838. The President of the United States is authorized to pro- Title 2 2. 
cure the assent of the legislature of any State, within which any pur- Assent of 
chase of laud has been made foi the erection of torts, magazines, arsenals, states to pur- 
dock-yards, and other needful buildings, without such consent having chase of lands for 
been obtained. forts, &c. 



182 

Title 13. Sec. 3738. Eight hours shall constitute a day's work for all laborers, 

Eight hours a workmen, and mechanics who may be employed by or on behalf of the 

day's labor. Government of the United States. '[See § 3689, under Appkopriations.] 

May 23, 1872. Sec 2. That the proper accounting officers be, and hereby are, au- 
thorized and required, in the settlement of all accounts for the services 
of laborers, workmen, and mechanics employed by or on behalf of the 
Government of the United States, between the twenty-fifth day of June, 
eighteen hundred and hixty-eight, the date of the act constituting eight 
hours a day's work for all such laborers, workmen, and mechauics, and 
the nineteenth day of May, eighteen hundred and sixty-niue, the date 
of the proclamation of the President concerning such pay, to settle and 
pay for the same, without reduction on account of reduction of hours of 
labor by said act, when it shall be made to appear that such was the 
sole cause of the reduction of wages, and a sufficient sum for said pur- 
pose is hereby appropriated out of any money in the Treasury not other- 
wise appropriated. 
Approved, May 23, 1872. 

NEUTRALITY. 






Sec. 

5061. Accepting a foreign commission. 

5282. Enlisting in foreign service. 

5283. Arming vessels against people at peace with 

tlie United States. 

5284. Armine vessels to cruise against citizens of 

the United States. 

5285. Augmenting force of foreign vessel of war. 



Sec. 

5286. Military expeditions against people at 

peace with United States. 

5287. Enforcement of foregoing provisions. 

5288. Compelling foreign vessels to depart. 
52« 1 9. Armed vessels to give bond on clearance. 

5290. Detention by collectors of customs. 

5291. Construction of this Title. 
Amending sec. 5287. 



Title 67. Sec. 5281. Every citizen of the United States who, within the terri- 

Acc^Dtin <>• a for- ^ or y or jurisdiction thereof, accepts and exercises a commission to serve 
eign commission, a foreign prince, state, colony, district, or people, in war, by land or by 
sea, against any prince, state, colony, district, or people, with whom the 
United States are at peace, shall be deemed guilty of a high misdemeanor, 
and shall be fined not more than two thousand dollars, and imprisoned 
not more than three years. 
Enlisting in Sec. 5282. Every person who, within the territory or jurisdiction of 
foreign service, the United States, enlists or enters himself, or hires or retains another 
person to enlist or enter himself, or to go beyond the limits or jurisdiction 
of the United States with intent to be enlisted or entered in the service 
of any foreign prince, state, colony, district, or people, as a soldier, or 
as a marine or seaman, on board of any vessel of war, letter of marque, 
or privateer, shall be deemed guilty of high misdemeanor, and shall be 
fined not more than one thousand dollars, and imprisoned not more than 
three years. 
Arming vessejs Sec. 5283. Every person who, within the limits of the United States, 
agamst people at ^ s Qn ^ an( j arms> or attempts to fit out and arm, or procures to be fit- 
United States. te( i ou t an d armed, or knowingly is concerned in the furnishing, fitting 
out, or arming, of any vessel, with intent that such vessel shall be em- 
ployed in the service of any foreign prince or state, or of any colony, 
district, or people, to cruise or commit hostilities against the subjects, 
citizens, or property of any foreign prince or state, or of any colony, 
district, or people, with whom the United States are at peace, or who 
issues or delivers a commission within the territory or jurisdiction of 
the United States, for any vessel, to the intent that she may be so em- 
ployed, shall be deemed guilty of a high misdemeanor, and shall be 
fined not more than ten thousand dollars, and imprisoned not more than 
three years. And every such vessel, with her tackle, apparel, and fur- 
niture, together with all materials, arms, ammunition, aud stores, which 
may have been procured for the building and equipment thereof, shall 
be forfeited ; one-half to the use of the informer, and the other half to 
the use of the United States. 
Arming vessels Sec. 5284. Every citizen of the United States who, without the limits 
to cruise against thereof, fits out and arms, or attempts to fit out and arm, or procures 
United States to l)e ntt ed out and armed, or knowingly aids or is concerned in furnish- 
ing, fitting out, or arming any private vessel of war, or privateer, with 
intent that such vessel shall be employed to cruise, or commit hostili- 
ties, upon the citizens of the United States, or their property, or who 
takes the command of, or enters on board of any such vessel, for such 
intent, or who purchases any interest in any such vessel, with a view 



183 

to share in the profits thereof, shall he deemed guilty of a high misde- 
meanor, and fined not more than ten thousand dollars, and imprisoned 
not more than ten years. And the trial for such offense, if committed 
without the limits of the United States, shall he in the district in which 
the offender shall be apprehended or first brought. 

Sec. 5265. Every person who, within the territory or jurisdiction of Augnio n t i n g 
the United States, increases or augments, or procures to be increased v ^ r s c S ei° f war 1 "" 
or augmented, or knowingly is concerned in increasing or augmenting, 
the force of any ship of war, cruiser, or other armed vessel, which, at 
the time of her arrival within the United States, was a ship of war, or 
cruiser, or armed vessel, in the service of any foreign prince or state, 
or of any colony, district, or people, or belonging to the subjects or cit- 
izens of auy such prince or state, colony, district, or people, the same 
being at war with any foreign prince or state, or of any colony, district, 
or people, with whom the United States are at peace, by adding to the 
number of the guns of such vessel, or by changing those on board of 
her for guns of a larger caliber, or by adding thereto any equipment 
solely applicable to war, shall be deemed guilty of a high misdemeanor, 
and shall be fined not more than one thousand dollars and be impris- 
oned not more than one year. 

Sec. 5266. Every person who, within the territory or jurisdiction of Military expe- 
the United States, begins, or sets on foot, or provides or prepares the ditions against 
means for. auy military expedition or enterprise, to be carried on from ^°h the United 
thence against the territory or dominions of any foreign prince or state, states. 
or of any colony, district, or people, with whom the United States are 
at peace, shall be deemed guilty of a high misdemeanor, and shall be 
fined not exceeding three thousand dollars, and imprisoned not more 
than three years. 

Sec. 5267.* In every case in which a vessel is fitted out and armed, or Enforcement of 
attempted to be fitted out and armed, or in which the force of any ves- foregoing pro vis- 
sel of war, cruiser, or other armed vessel is increased or augmented, or in lons ' 
which any military expedition or enterprise is begun or set on foot, con- 
trary to the provisions and prohibitions of this Title; and in every case 
of the capture of a vessel within the jurisdiction or protection of the 
United States as before defined ; and in every case in which auy process 
issuing out of any court of the United States is disobeyed or resisted 
by any person having the custody of any vessel of war, cruiser, or other 
armed vessel of any foreigu prince or state, or of any colony, district, 
or people, or of any subjects or citizens of any foreign prince or state, 
or of any colony, district, or people, it shall be lawful for the President, 
or such other person as he shall have empowered for that purpose, to 
employ such part of the land or naval forces of the United States, or of 
the militia thereof, for the purpose of taking possession of and detain- 
ing any such vessel, with her prizes, if any, in order to the execution 
of the prohibitions and penalties of this Title, and to the restoring of 
such prizes in the cases in which restoration shall be adjudged ; and 
also for the purpose of preventing the carrying on of any sucb. expedi- 
tion or enterprise from the territories or jurisdiction of the United States 
against the territories or dominions of any foreigu prince or state, or of 
any colony, district, or people with whom the United States are at 
peace. 

Sec. 5286. It shall be lawful for the President, or such person as he Compelling for- 
shall empower for that purpose, to employ such part of the land or naval eig " vesselstode- 
forces of the United States, or of the militia thereof, as shall be neces- par ' 
sary to compel any foreign vessel to depart the United States in all 
cases in which, by the laws of nations or the treaties of the United 
States, she ought not to remain within the United States. 

Sec 5289. The owners or consignees of every armed vessel sailing Armed vessels 
out of the ports of the United States, belonging wholly or in part to to give bond on 
citizens thereof, shall, before clearing out the same, give bond to the clearaQ ce. 
United States, with sufficient sureties, in double the amount of the value 
of the vessel and cargo on hoard, including her armament, conditioned 
that the vessel shall not be employed by such owners to cruise or com- 
mit hostilities against the subjects, citizens, or property of auy foreign 

* Amendatory art. Section five thousand two hundred and eighty-seven is amended 
by inserting, as the first sentence thereof, the following words : "The district courts 
shall tak<- cognizance of all complaints, by whomsoever instituted, incases of captures 
made within the waters of the United States, or within a marine league of the coasts 
or .-bores thereof." 

Approved, February 16, 1675. 



184 

prince or state, or of any colony, district, or people, with whom the 
United States are at peace. 
Detention b y Sec. 5290. The several collectors of the customs shall detain any ves- 
collectors of cus- sel manifestly built for warlike purposes, and about to depart the United 
toms - States, the cargo of which principally consists of arms and munitions of 

war, when the number of men shipped on board, or other circumstances, 
render it probable that such vessel is intended to be employed by the 
owners to cruise or commit hostilities upon the subjects, citizens, or 
property of any foreign prince or state, or of any colony, district, or 
people" with whom the United States are at peace, until the decision of 
the President is had thereon, or until the owner gives such bond and 
security as is required of the owners of armed vessels by the preceding 
section. 
Construction of Sec. 5291. The provisions of this Title shall not be construed to extend 
tins Title. to any subject or citizen of any foreign prince, state, colony, district, or 

people who is transiently within the United States, and enlists or enters 
himself on board of any vessel of war, letter of marque, or privateer, 
which at the time of its arrival within the United States was fitted and 
equipped as such, or hires or retains another subject or citizen of the 
same foreign prince, state, colony, district, or people, who is transiently 
within the United States, to enlist or enter himself to serve such foreign 
prince, state, colony, district, or people, on board such vessel of war, 
letter of marque, or privateer, if the United States shall then be at peace 
with such foreign prince, state, colony, district, or people. Nor shall 
they be construed to prevent the prosecution or punishment of treason, 
or of any piracy defined by the laws of the United States. 



^EWSPAPEES, PEEIODICALS, &c. 



Sec. 

19-2. Expenditure for newspapers. 



Sec. 
1779. 



Restriction on payments for newspapers. 



Title 4. 



Expend itur < 
for newspapers. 



Sec. 192. The amount expended in any one year for newspapers, for 
any Department, except the Department of State, including all the 
Bureaus and offices connected therewith, shall not exceed one hundred 
dollars. And all the newspapers purchased with the public money for 
the use of either of the Departments must be preserved, as files for such 
Department. 



Title Itt. 



Sec. 1779. No executive officer, other than the heads of Departments, 
— : — : — shall apply more than thirty dollars, annually, out of the contingent 
ReSt naVments^ an< ^ unc ^ er n * 8 control, to pay for newspapers, pamphlets, periodicals, 
for° n newspapers, or other books or prints not necessary for the business of his office. 
&c. 

OATH OF OFFICE. 



Sec. 

1756. Form of oath, of office. 

1757. Oath for certain persons. 



Sec. 

1758. Who may administer oath. 

1759. Custody of oath. 



Form 
of office 



Title 19. Sec. 1756. Every person elected or appointed to any office of honor 
~ 77 or profit, either in the civil, military, or naval service, excepting the 



President and the persons embraced by the section following, shall, be- 
fore entering upon the duties of such office, and before being entitled 
to any part of the salary or other emoluments thereof, take and subscribe 
the following oath: "I, A. B, do solemnly swear (or affirm) that I have 
never voluntarily borne arms against the United States since I have 
been a citizen thereof; that I have voluntarily given no aid, counte- 
nance, counsel, or encouragement to persons engaged in armed hostility 
thereto; that I have neither sought, nor accepted, nor attempted to 
exercise the functions of any office whatever, under any authority, or 
pretended authority, -in hostility to the United States; that I have not 
yielded a voluntary support to any pretended government, authority, 
power, or constitution within the United States, hostile or inimical 
thereto. And I do further swear (or affirm) that to the best of my 
knowledge and ability I will support and defend the Constitution of 
the United States against all enemies, foreign and domestic; that I 
will bear true faith and allegiance to the same ; that I take this obliga- 
tion freely, without any mental reservation or purpose of evasion, aud 
that I will well and faithfully discharge the duties of the office on which 
I am about to enter, so help me God." 



185 

Sec. 1757. Whenever any person who is not rendered ineligible to Oath for cer- 
office by the provisions of the fourteenth amendment to the Constitution * ain P ersons - 
is elected or appointed to any office of honor or trust under the Govern- 
ment of the United States, and is not able, on account of his participa- 
tion in the late rebellion, to take the oath prescribed in the preceding 
section, he shall, before entering upon the duties of his office, take and 
subscribe in lieu of that oath the following oath : " I, A B, do solemnly 
swear (or affirm) that I will support and defend the Constitution of the 
United States against all enemies, foreign and domestic ; that I will 
bear true faith and allegiance to the same ; that I take this obligation 
freely, without any mental reservation or purpose of evasion ; and that I 
will well and faithfully discharge the duties of the office on which I am 
about to enter. So help me God." 

Sec. 1758. The oath of office required by either of the two preceding Who may ad- 
sections may be taken before any officer who is authorized either by the minist er oath, 
laws of the United States, or by the local municipal law, to administer 
oaths, in the State, Territory, or District where such oath may be ad- 
ministered. 

Sec. 1759. The oath of office taken by any person pursuant to the Custody of oath, 
requirements of section seventeen hundred and fifty-six, or of section 
seventeen hundred and fifty-seven, shall be delivered in by him to be 
preserved among the files of the House of Congress, Department, or 
court to which the office in respect to which the oath is made may ap- 
pertain. 

PASSPOBTS. 



Sec. 
212. Duty of clerk State Department. 

4075. Passports, how granted. 

4076. To he issued to citizens only. 



Sec. 

4077. Returns of passports issued. 

4078. False passports. 
Fee for passports. 



Sec. 212. The clerk in the Department of State who may from time Title 5. 
to time be assigned to the duty of examining applications for passports Duty of clerk 
is authorized to receive and attest, but without charge to the affiant, state Depa*^ 
all oaths or affidavits required by law- or by the rules of the Depart- ment. 
ment of State to be made before granting passports. [See June 20, 1874.] 

Sec. 4075. The Secretary of State may grant and issue passports, and Titie 47. 
cause passports to be granted, issued, and verified in foreign countries p ass p or t S| bo<r 
by such diplomatic or consular officers of the United States, and under granted, 
such rules as the President shall designate and prescribe for and on be- 
kalf of the United States; and no other, person shall grant, issue, or 
verify any such passport. Where a legation of the United States is es- 
tablished in any country, no person other than the diplomatic representa- 
tive of the United States at such place shall be permitted to grant or 
issue any passport, except in the absence therefrom of such representa- 
tive. 

Sec. 4076. No passport shall be granted or issued to or verified for To be is « ued t0 
any other persons than citizens of the United States. ' cltlzeD8 on W- 

Sec. 4077. All persons who shall be authorized to grant, issue, or Returns of pass 
verify passports, shall make return of the same to the Secretary of P orts issued. 
State, in such manner and as often as he shall require ; and such re- 
turns shall specify the names and all other particulars of the persons to 
whom the same shall be granted, issued, or verified, as embraced in such 
passport. ' 

Sec. 4078. If any person acting, or claiming to act, in any office or False passports, 
capacity, under the United States, or any of the States of the United 
States, who shall not be lawfully authorized so to do, shall grant, issue, 
or verify any passport or other instrument in the nature of a passport, 
to or for any citizen of the United States, or to or for any person claim- 
ing to be or designated as such in such passi>ort or verification, or if 
any consular officer who shall be authorized to grant, issue, or verify 
passports shall knowingly and willfully grant, issue, or verify any such 
passport to or for any person not a citizen of the United States, he shall 
be imprisoned for not more than one year, or fined not more than five 
hundred dollars, or both ; and may be charged, proceeded against, tried, 
convicted, and dealt with therefor in the district where he may be ar- 
rested or in custody.* 

* See section 4062, Fokeigx Affairs, as to penalty for violating passporte. 



186 



[From legislative appropriation act.] 



June 29,1874. That from and after the first flay of July next a fee of five dollars 
p ,, . , shall be collected for each citizen's passport issued from the Department. 

be collected. An account of these fees shall be kept, and the amount collected shall 
Account to be be paid into the Treasury of the United States at least quarterly. 

kept, &c. Approved June 20,^1874. 



PAY. 



1563. Advances to persons on distant stations. 
1565. Chiefs of Bureaus. 

1567. Officers serving as store-keepers on foreign 

stations. 

1568. Civilians store-keepers on foreign stations. 

1592. Retired officers on active duty. 

1593. Eetired officers on furlough. 



Sec. 

1556. Pay of officers. 

1557. Furlough pay. 

1558. No additional allowances except as herein 

specified. 

1559. Volunteer service. 

1560. Commencement of pay, original entry. 

1561. Commencement of pay of promoted officers. 
1562- In cases of delayed examination. 

Sec. 1556. Pay of officers. [See under each corps or grade.] 

Title 15, Chap. 8 E Sec. 1557. Officers on furlough shall receive only one-half of the pay to 

; which they would have been entitled if on leave of absence. 

Furlough pay. 

No additional Sec. 1558. The pay prescribed in the two preceding sections shall be 
allowances, ex- the full and entire compensation of the several officers therein named, 
cept as he rein an( j no additional allowance shall be made in favor of any of said officers 
SI>e01 e ' on any account whatever, except as hereinafter provided. 

Volunteer serv- Sec. 1559. When a volunteer naval service is authorized by law, the 
ice. officers therein shall be entitled to receive the same pay as officers of 

the same grades, respectively, in the Regular Navy. 
Commence- Sec. 1560. The pay of an officer of the Navy, upon his original entry 
ment of pay, into the service, except where he is required to give an official bond, 
original entry, shall commence upon the date of his acceptance of his appointment ; 
but where he is required to give such bond his pay shall commence 
upon the date of the approval of his bond by the proper authority. 
Co m m e n c e - Sec 1561. When an officer is promoted in course to fill a vacancy, 
ment of pay of an( j j 8 j Q ^ e performance of the duties of the higher grade from the 
cers™ ° 6 ° ^ a * e ne * s *° * a ^ e ran ^j ne ma y De allowed the increased pay from such 
date. 
In cases of de- Sec 1562. If an officer of a class subject to examination before pro- 
layed examina- motion shall be absent on duty, and by reason of such absence, or of 
tion - other cause not involving fault on his part, shall not be examined at the 

time required by law or regulation, and shall afterward be examined 
and found qualified, the increased rate of pay to which his promotion 
would entitle him shall commence from the date when he would have 
been entitled to it had he been examined and found qualified at the 
time so required by law or regulation; and this rule shall apply to any 
cases of this description which may have heretofore occurred. And in 
every such case the period of service of the party, in the grade to which 
he was promoted, shall, in reference to the rate of his pay, be considered 
to have commenced from the date when he was so entitled to take rank. 
[See § 1495, under Promotion.] 
Advances to Sec. 1563. The President of the United States may direct such ad- 
persons on dis- vances, as he may deem necessary and proper, to such persons in the 
tant stations. naval service as may be employed on distant stations where the dis- 
charge of the pay and emoluments to which they are entitled cannot be 
regularly effected. 
Chiefs of Bu- ^ec. 1565. The pay of chiefs of Bureaus in the Navy Department 
reaus. shall be the highest pay of the grade to which they belong, but not 

below that of commodore. 
Officers serving Sec. 1567. Officers who are ordered to take charge of naval stores for 
as store-keepers foreign squadrons, in the place of naval storekeepers, shall be entitled 
on foreign sta- ^o receive, while so employed, the shore-duty pay of their grades ; and 
turns, when the same is less than fifteen hundred dollars a year, they may be 

allowed compensation, including such shore-duty pay, at a rate not ex- 
ceeding fifteen hundred dollars a year. 
Civilians store- Sec. 1568. Civilians appointed as storekeepers on foreign stations shall 
keepers on for- receive compensation for such services at a rate not exceeding fifteen 
eign stations. hundred dollars a year. 



187 



Sec. 1592. Officers on the retired list, when on active duty, shall re- Bay of retired 
ceive the full pay of their respective grades. °*£f' s oa active 

Sec. 1593. Officers placed on the retired list, on furlough pay, shall officers retired 
receive ouly oue-half of the pay to which they would have been enti- on furlough pay. 
tied if on leave of absence on the active list. 

PAY COKPS. 

See also Accounts and Disbursing Officers. 



Sec. 

1366. Clerks, when allowed. 

1387. Clerks, when not allowed. 

1388. Clerks of passed assistant and assistant pay- 

masters. 

1389. Loans to officers by paymasters. 

1432. Commanding officers not required to act as 

paymasters. 
1475. Rank. 
1556. Pay. 
1564. Vacancies occurring at sea. 



Sec. 

1376. Pay Corps, number of. 

1377. No promotion in certain grades, until num- 

ber is reduced. 

1378. Appointments, how made. 

1379. Qualifications of assistant paymasters. 

1380. Order of promotion. 

1381. Acting appointments on ships at sea. 

1382. Paymaster of the fleet. 

1383. Bonds. 

1384. New bonds. 

1385. Bond, not affected by new commission. 

Sec. 1376. The active list of the Pay Corps of the Navy shall consist Title 15, Chap. 1. 
of thirteen pay directors, thirteen pay inspectors, fifty paymasters, thirty Pay corps, 
passed assistant paymasters, and twenty assistant paymasters. number of. 

Sec. 1377. Until the number of passed assistant paymasters shall _ No promotion 
have been reduced below thirty, there shall be no promotion to that in certain grades 
i ., . . _i"i ' -t r. • . , r * until number is 

grade, nor any appointment to the grade of assistant paymaster. reduced. 

Sec. 1378. All appointments in the Pay Corps shall be made by the Appointments, 
President, by and with the advice and consent of the Senate. how made. 

Sec. 1379. No person shall be appointed assistant paymaster who is, Qualifications 
at the time of such appointment, less than twenty-one or more than of assistant pay- 
twenty-six years of age; nor until his physical, mental, and moral qual- masters - 
ifications have been examined and approved by a board of paymasters 
appointed by the Secretary of the Navy, and according to such regula- 
tions as be may prescribe. 

Sec. 1380. Passed assistant paymasters shall be regularly promoted Order of pro- 
and commissioned from assistant paymasters, and paymasters f r0 m raotlon - 
passed assistant paymasters; subject to such examinations as maybe 
prescribed by the Secretary of the Navy. 

Sec. 1331. When the office of paymaster or assistant paymaster ^teon^t&t 
becomes vacant, by death or otherwise, in ships at sea. or on foreign sea . 
stations, or on the Pacific coast of the United States, the senior officer 
present may make an actiug appointment of any fit person, who shall 
perform the duties thereof until another paymaster or assistant pay- 
master shall report for duty, and shall be entitled to receive the pay of 
such grade while so acting. 

Sec. 1382. The President may designate among the paymasters in the Jj y e J 8 of 
service, aud appoint to every fleet or squadron a paymaster, who shall 
be denominated "paymaster of the fleet." 

Sec. 1383. Every paymaster, passed assistant paymaster, and assistant Bonds, 
paymaster shall, before entering on the duties of his office, give bond," 
with two or more sufficient sureties, to be approved by the Secretary of 
the Navy, for the faithful performance thereof. Paymasters shall give 
bonds in the sum of twenty-five thousand dollars, passed assistant pay- 
masters in the sum of fifteen thousand dollars, and assistant paymasters 
in the sum of ten thousand dollars. 

Sec. 1384. Officers of the Pay Corps shall give new bonds with New bonds, 
sufficient sureties, whenever required to do so by the Secretary of the 
Navy. 

Sec. 1385. The issuing of a new appointment and commission to any Bond, not affect- 
officer of the Pay Corps shall not affect or annul any existing bond, but miS" 6 '™ 0111 ' 
the same shall remain in force, and apply to such new appointment and 
commission. 

Sec. 1386. Paymasters of the fleet, paymasters on vessels having com- Clerks, when 
plements of more than one hundred and seventy-five persons, on supply- allowed, 
steamers, store-vessels, and receiving-ships, paymasters at stations and 
at the Naval Academy, and paymasters detailed at stations as inspectors 
of provisions aud clothing, shall each be allowed a clerk. 

Sec. 1387. No paymaster shall be allowed a clerk in a vessel having no t allowed " 
the complement of one hundred and seventy-five persons or less, ex- 
cepting in supply-steamers and store-vessels. 

^Accomplished. 



188 

Clerksofpassed Sec. 1388. Passed assistant paymasters and assistant paymasters 

Sant p a aymas" attachedtove88elsof war 8ual1 be allowed clerks, if clerks would be 
ters. allowed by law to paymasters so attached. 

Loans to offi- Sec. 1389. It shall not be lawful for any paymaster, passed assistant 
cers by paynias- paymaster, or assistant paymaster, to advance or loan, under any pre- 
tense whatever, to any officer in the naval service, any sum of money, 
public or private, or any credit, or any article or commodity whatever. 

Title 15, Chap. 2. Sec. 1432. No commanding officer of any vessel of the Navy shall be 
— — — required to perform the duties of a paymaster, passed assistant pay- 
master^ aS Pay master > or assistant paymaster. 

Title' 15, Chap. 4. Sec. 1475. Officers of the Pay Corps on the active list of the Navy 
— — — shall have relative rank as follows : 

Pay directors, the relative rank of captain. 

Pay inspectors, the relative rank of commander. 

Paymasters, the relative rank of lieutenant-commander or lieutenant* 

Passed assistant paymasters, the relative rank of lieutenant or mas- 
ter. 

Assistant paymasters, the relative rank of master or ensign. 

Title 15, Chap. 8 . Sec. 1556. * * * Fleet paymasters, * * * four thousand four 

Pay of fleet hundred dollars, 
paymasters. 

Pay directors * * * Pay directors and pay inspectors, * * * when on duty 
and inspectors. at 8ea> four thousand four hundred dollars. 

aymasters. * * * Paymasters, during the first five years after date of commis- 

sion, when at sea, two thousand eight hundred dollars; on shore duty, 
two thousand four hundred dollars; on leave or waiting orders, two 
thousand dollars ; during the second five years after such date, when at 
sea, three thousand two hundred dollars ; on shore duty, two thousand 
eight hundred dollars; on leave or waiting orders, two thousand four 
hundred dollars ; during the third five years after such date, when at 
sea, three thousand five hundred dollars ; on shore duty, three thousand 
two hundred dollars ; on leave or waiting orders, two thousand six hun- 
dred dollars ; during the fourth five years after such date, when at sea, 
three thousand seven hundred dollars; on shore duty, three thousand 
six hundred dollars ; on leave or waiting orders, two thousand eight 
hundred dollars; after twenty years from such date, when at sea, four 
thousand two hundred dollars ; on shore duty, four thousand dollars; 
.on leave or waiting orders, three thousand dollars, 
ant wmaste?" * * * Passed assistant paymasters, * * * during the first five 
years after date of appointment, when at sea, two thousand dollars ; on 
shore duty, one thousand eight hundred dollars; on leave or waiting 
orders, one thousand five hundred dollars; after five years from such 
date, when at sea, two thousand two hundred dollars ; on shore duty, 
two thousand dollars ; on leave or waiting orders, one thousand seven 
hundred dollars. 
Assistant pay- # * * Assistant paymasters, * * during the first five years 

after date of appoiutment, when at sea, one thousand seven hundred 
dollars ; on shore duty, one thousand four hundred dollars ; on leave 
or waiting orders, one thousand dollars; after five years from such 
date, when at sea, one thousand nine hundred dollars ; on shore duty, 
one thousand six hundred dollars ; on leave or waiting orders, one thou- 
sand two hundred dollars. 
Person acting g EC 1554, Any person performing the duties of paymaster, acting as- 
wb'e^officeVa' distant paymaster, or assistant paymaster, in a ship at sea, or on a for- 
cant in ship ateign station, or on the Pacific coast of the United States, by appoint- 
sea ment of the senior officer present, in case of vacancy of such office, in 

accordance with the provisions of section thirteen hundred and eighty- 
one, and not otherwise, shall be entitled to receive the pay of such grade 
while so acting. 



189 



PENSIONS. 



Sec. 

4692. Who may have pensions. 

4693. Classes enumerated. 

4694. Pensions for wounds received or diseases 

contracted only in line of duty, <fcc. 

4695. Rates of pension' for total disability. 

4696. Pension according to rank. 

4697. Pensions for permanent specific disability 

prior to June 4, 1872. 
469?. Afrer June 4. 1872. 
k>9-$. Increase of pensions. 

4699. Pension for disability not otherwise pro- 

vided for. 

4700. Absentees. 

4701. Period of service, how construed. 

4702. Pensions to widows, or to children under 

sixteen years. &c. 

4703. Increased pension to widows. &c. 

4704. What children deemed legitimate. 

4705. Widows of colored and Indian soldiers, &c. 

4706. Abandonment. <fcc. by widow. 

4707. Succession of dependent relatives. 

4708. Remarriage. 

4709. Commencement of pensions after March 4, 

1861. 

4710. When pension deemed to have accrued. 

4711. Arrears of pension. 

4712. Provisions of peusion-laws extended. 

4713. Commencement of pensions for prior wars. 

4714. Declaration of claimants. 

4715. Onlv one pension at a time. 

4716. Loyalty. 

4717. Claims to be prosecuted within what time. 
471?. Accrued pensions. 

4719. Unclaimed pensions. 

4720. Pensions under special acts of Congress. 

4723. Colored soldiers enrolled as slaves. 

4724. Both pension and pay not allowed, unless, 

<fcc. 

4725. Half-pav to widows under laws prior to June 

3. 1858. 

4726. To widow for life and to children under six- 

teen, <fcc. 

4727. Half-monthly ray not to exceed that of 

lieutenant-colonel. 
4723. Navy pensions. 

4729. Xaval pensions to widows and children. 

4730. Pensions to soldiers of Mexican war. 

4731. Widows and children of Mexican war pen- 

sioners. 



Sec. 

4732. Widows and children of pensioners of war 

1812, and Indian wars. 

4733. Continuance of pensions. 

4734. Ponsions not to be withheld. 

4735. Time for which a widow shall not receive a 

pension. 

4736. Pensions to certain soldiers of the war of 

1812. 

4737. Pensions to be at what rate, &c. 

4738. Pensions to surviving widows of officers, &c, 

of war of 1812. 

4739. Proof required ; names may be stricken from 

pension-rolls. 

4740. Loss of certificate of discharge, &c. 

4741. Pension to officers and seamen of revenue- 

cutters. 

4745. Any pledge or transfer of pension void. 

4746. Penalty for false affidavit and post-dating 

vouchers. 

4747. Pensions not liable to attachment. 

4748. Commissioner to furnish printed instructions 

free of charge. 

4756. Hall-rating to disabled enlisted persons serv- 

ing twenty years in Navy or Marine Corps. 

4757. Serving not less than ten years, may receive 

what aid. 

4768. Certificate of pension ; fee of attorney. 

4769. Pension agent to deduct attorney's fee. 

4771. Biennial examinations, <fec. 

4772. More frequent examinations. 

4773. Biennial examination by uuappointed civil 

surgeons. 

4774. Boards of examining surgeons. 

4775. Special examinations. 

4776. Medical referee and examining surgeons. 

4777. Appointment of civil examining surgeons 

authorized. 

4784. Pension-agents, &c, to take affidavits with- 

out fee. 

4785. Pees of attorney for prosecuting claims. 

4786. Agreement for amount of fee to be filed. 
54^5. Attorney for pensions demanding more than 

legal fee, &c. 

5486. Embezzlement of pension by guardian. 

5487. Pension-agent taking fee, &c. 

Equalization of pensions. 

Increase of pensions to disabled soldiers and 

sailors. 

Increase of pension to totally disabled sol- 

diers and sailors. 



Who may have 
pensions. 



Sec. 4692. Every person specified in the several classes enumerated in Title 57. 
the following section, who has been, since the fourth day of March, 
eighteen hundred and sixty-one, or who is hereafter disabled under 
the conditions therein stated, shall, upon making due proof of the fact, 
according to snch forms and regulations as are or may be provided in 
pursuance of law, be placed on the list of invalid pensioners of the 
United States, and be entitled to receive, for a total disability, or a 
permanent specific disability, such pension as is hereinafter provided in 
such cases; and for an inferior disability, except in cases of permanent 
specific disability, for which the rate of pension is expressly provided, 
an amount proportionate to that provided for total disability ; and such 
pension shall commence as hereinafter provided, and continue during 
the existence of the disability. 

Sec. 4693. The persons entitled as beneficiaries under the preceding 
section are as follows: 

First. Any officer of the Army, including regulars, volunteers, and 
militia, or any officer in the Navy or Marine Corps, or any enlisted man, 
however employed, in the military or naval service of the United States, 
or iu its Marine Corps, whether regularly mustered or not v disabled by 
reason of any wound or injury received, or disease contracted, while in 
the service of the United States and in the line of duty. 

Second. Any master serving on a gun-boat, or any pilot, engineer, 
sailor, or other person not regularly mastered, serving upon any gun- ^ 
boat or war-vessel of the United States, disabled by any wound or in- 
jury received, or otherwise incapacitated while iu the line of duty, for 
procuring his subsistence by manual labor. 



Classes enu- 
merated. 

Officers of Ar- 
my and Navy, 
and enlisted men, 
&c. 



Master, &c, 
serving on gun- 



190 

Volunteers, not Third. Any person not an enlisted soldier in the Army, serving for the 
enlisted, &c. ^ ime being as a member of the militia of any State, under orders of an 
officer of the United States, or who volunteered for the time being to 
serve with any regularly organized military or naval force of the United 
States, or who otherwise volunteered and rendered service in any en- 
gagement with rebels or Indians, disabled in consequence of wounds or 
injury received in the line of duty in such temporary service. But no 
claim of a State militiaman, or non-enlisted person, on account of disa- 
bility from wounds, or injury received in battle with rebels or Indiaus, 
while temporarily rendering service, shall be valid unless prosecuted to 
a successful issue prior to the fourth day of July, eighteen hundred and 
seventy-four. 
Acting assist- Fourth. Any acting assistant or contract surgeon disabled by any 
ant surgeon, &c. wonn( j or injury received or disease contracted iu the line of duty while 
actually performing the duties of assistant surgeon or acting assistant 
surgeon with any military force iu the field, or in transitu, or in 
hospital. 
Provost- in a r - Fifth. Any provost-marshal, deputy provost-marshal, or enrolling- 
shal, &c. officer disabled, by reason of any wound or injury, received in the dis- 

charge of his duty, to procure a subsistence by manual labor. 
Pensions for Sec. 4694. N.o person shall be entitled to a pension by reason of 
wounds received woun( j g or injury received or disease contracted in the service of the 
tracted'only in United States subsequent to the twenty-seventh day of July, eighteen 
line of duty, &c. hundred and sixty-eight, unless the person who was wounded, or injured, 
or contracted the disease was in the line of duty ; and, if in the mili- 
tary service, was at the time actually in the field, or on the march, or 
at some post, fort, or garrison, or en route, by direction of competent 
authority, to some post, fort, or garrison ; or, if in the naval sers r ice, 
was at the time borne on the books of some ship or other vessel of the 
United States, at sea or in harbor, actually iu commission, or was at 
some naval station, or on his way, by direction of competent authority, 
to the United States, or to some other vessel or naval station, or 
hospital. 
Pates of pen- Sec. 4695. The pension for total disability shall be as follows, namely : 
sion for total dis- For •lieutenant-colonel and all officers of higher rank in the military 
ability. service and in the Marine Corps, and for captain, and all officers of 

higher rank, commander, surgeon, paymaster, and chief engineer, re- 
spectively ranking with commander by law, lieutenant commanding and 
master commanding, in the naval service, thirty dollars per month ; for 
major in the military service and in the Marine Corps, and lieutenant, 
surgeon, paymaster, and chief engineer, respectively ranking with 
lieutenant by law, and passed assistant surgeon in the naval service, 
twenty-five dollars per month ; for captain in the military service and 
in the Marine Corps, chaplain in the Army, and provost-marshal, pro- 
fessor of mathematics, master, assistant surgeon, assistant paymaster 
and chaplain in the naval service, twenty dollars per month; for first 
lieutenant in the military service and iu the Marine Corps, acting assist- 
ant or contract surgeon, and deputy provost- marshal, seventeen dollars 
per month ; for second lieutenant in the military service aud iu the 
Marine Corps, first assistant engineer, ensign, and pilot iu the naval 
service, and enrolling officer, fifteen dollars per month ; for cadet-mid- 
shipman, passed midshipman, midshipmen, clerks of admirals and pay- 
masters and of other officers commanding vessels, second and third 
assistant engineer, master's mate, and all warrant officers in the naval 
service, ten dollars per month ; and for all other persons whose rank or 
office is not mentioned in this section, eight dollars per month ; aud the 
masters, pilots, engineers, sailors, and crews upon the gun-boats and 
war-vessels shall be entitled to receive the pension allowed herein to 
those of like rank in the naval service. [See § 4699.] 
R Pension accord- g EC< 4595, Every commissioned officer of the Army, Navy, or Marine 
mg to rank. Corps shall receive such and only such pension as is provided in the 

preceding section, for the rank he held at the time he received the in- 
jury or contracted the disease which resulted in the disability, on account 
of which he may be entitled to a pension ; and any commission or pres-. 
idential appointment, regularly issued to such person, shall be taken to 
determine his rank from and after the date, as given in the body of the 
commission or appointment conferring said rank : Provided, That a 
vacancy existed in the rank thereby conferred; that the person com- 
missioned was not disabled for military duty ; and that he did hot 
willfully neglect or refuse to be mustered. 



191 

• Sec. 4697. For the period commencing July fourth, eighteen hundred Pensions for 
and sixty-four, and ending June third, eighteen hundred and seventy- r^p^^nt ?JP.®" 
two, those persons entitled to a less pension than hereinafter mentioned, prior to Junei 
who shall have lost both feet in the military or naval service and in 1872. 
the line of duty, shall be entitled to a pension of twenty dollars per 
month; for the same period those persons who, under like circum- 
stances, shall have lost both hands or the sight of both eyes, shall be 
entitled to a pension of twenty-five dollars per mouth ; and for the period 
commencing March third, eighteen hundred and sixty-five, and ending 
June third, eighteen hundred and seventy-two, those persons who under 
like circumstances shall have lost one hand and one foot, shall be entitled 
to a pension of twenty dollars per month ; and for the period commeuc- 
iug June sixth, eighteen huudred and sixty-six, and ending June third, 
eighteen hundred and seventy-two, those persons who under like circum- 
stances shall have lost one hand or one foot, shall be entitled to a pen- 
sion of fifteen dollars per month ; and for the period commencing June 
sixth, eighteen hundred and sixty-six, and ending June third, eighteen 
huudred and seventy-two, ihose pers -ns entitled to a less pension than 
hereinafter mentioned, who by reason of injury received or disease con- 
tracted in the military or naval service of the United States and in the 
line of duty, shall have been permanently aud totally disabled in both 
hands, or who shall have lost, the sight of one eye, the other having 
been previously lost, or who shall have been otherwise so totally and 
permanently disabled as to render them utterly helpless, or so nearly 
so as to require regular personal aid and attendance of another person, 
shall be entitled to a pension of twenty-five dollars per month ; and for 
the same period those who under like circumstances shall have been 
totally and permanently disabled in both feet, or in one hand and one 
fo t. or otherwise so disabled as to be incapacitated for the performance 
of any manual labor, but not so much as to require regular personal aid 
and attention, shall be entitled to a pension of twenty dollars per month ; 
and for the same period all persons who under like circumstances shall 
have been totally and permanenty disabled in one haud, or one foot, or 
otherwise so disabled as to render their inability to perform manual 
labor equivalent to the loss of a haud or foot, shall be entitled to a pen- 
sion of fifteen dollars per mouth. 

Sec. 4698. From and after June fourth, eighteen hundred and seventy- Pensions for 
two, all persons entitled by law to a less pension than hereinafter speci- g er ? an ^?,* ?P ec *" 
fied. who, while in the military or naval service of the United States, and ter Junei iSa 
in line of duty, shall have lost the sight of both eyes, or shall have lost ' 

the sight of one eye, the sight of the other having been previously lost, 
or shall have lost both hands, or shall have lost both feet, or been 
permanently aud totally disabled iu the same, or otherwise so perma- 
nently and totally disabled as to render them utterly helpless, or so 
nearly so as to require the regular personal aid and attendance of 
another person, shall be entitled to a pension of thirty-one dollars and 
twenty-five cents per month;* aud all persons who, under like circuni- 
stauces', shall have lost one haud aud one foot, or been totally aud per- 
manently disabled in the same, or otherwise so disabled as to be in- 
capacitated for performing any manual labor, but not so much as to 
require regular personal aid and attendance, shall be entitled to a pen- 
sion of twenty-four dollars per month; aud all persons who, under like 
circumstances, shall have lost one hand, or one foot, or been totally and 
permanently disabled iu the same, or otherwise so disabled as to render 
their incapacity to perform manual labor equivalent to the loss of a haud 
or foot, shall be entitled to a pension of eighteen dollars per month :t Pro- 
vided, That all persons who, under like circumstances, have lost a leg 
above the knee, and in consequence thereof are so disabled that they 
cannot use artificial limbs, shall be rated in the second class aud receive 
twenty-four dollars per month from and after June fourth, eighteen 
hundred and seventy-two; aud all persons who, under like circum- 
stances, shall have lost the hearing of both ears, shall be entitled to a 
pension of thirteen dollars per mouth from the same date: Provided, 
That the pension for a d sability not permanent, equivalent in degree 
to any provided for in this section, shall, during the continuance of 
the disability in such degree, be at the same rate as that herein pro- 
vided for a permanent disability of like degree. 

* Increased to fifty dollars per month, by act of June 18, 1874, poht. 
tiSee act of June 18, lc~4, post. 



192 

I?n crease of Sec. 4698£. Except in cases of permanent specific disabilities, no 
pensions. increase of pension shall be allowed to commence prior to the date of 

the examining surgeon's certificate establishing the same made under 
the pending claim for increase; and in this, as well as all other cases, 
the certificate of an examining surgeon, or of a board of examining 
surgeons, shall be subject to the approval of the Commissioner of Pen- 
sions. 
Pensions for Sec. 4699. The rate of eighteen dollars per month may be proportion- 
d th ablllty notate ly divided for any degree of disability established for which section 
^ided^foi- 6 pr ° forty-six hundred and ninety-five makes no provision. 
Absentees. Sec. 4700. Officers absent on sick-leave, and enlisted men absent on 

sick-furlough, or on veteran-furlough with the organization to which 
they belong, shall be regarded in the administration of the pension-laws 
in the same manner as if they were in the field or hospital. 
Period of serv- Sec. 4701. The period of service of all persous entitled to the benefits 
ice, how con- f ^he pension-laws, or on account of whose death any person may be- 
come entitled to a pension, shall be construed to extend to the time of 
disbandiDg the organization to which such persons belonged, or until 
their actual discharge for other cause than the expiration of the service 
of such organization. 
Pensions to g EC 4702. If any person embraced within the provisions of sections 
dren under six- forty-six hundred and ninety-two and forty-six hundred and ninety-three 
teen years, &c. has died since the fourth day of March, eighteen hundred and sixty-one, 
or hereafter dies by reason of any wound, injury, or disease, which, under 
the conditions and limitations of such sections, would have entitled him 
to an invalid pension had he been disabled, his widow, or if there be no 
widow, or in case of her death, without payment to her of any part of 
the pension hereinafter mentioned, his child or children, under sixteen 
years of age, shall be entitled to receive the same pension as the hus- 
band or father would have been entitled to had he been totally disabled, 
to commence from the death of the husband or father, to continue to the 
widow during her widowhood, and to his child or children until they 
severally attain the age of sixteen years, and no longer; and, if the 
widow remarry, the child or children shall be entitled from the date of 
remarriage. 
Increased pen- Skc. 4703. The pensions of widows shall be increased from and after 
sion to widows, the twenty-fifth day of July, eighteen hundred and sixty-six at the rate 
of two dollars per month for each child under the age of sixteen years, 
of the husband on account of whose death the claim has been, or shall 
be, granted. And in every case in whiqh the deceased husband has left, 
or shall leave, no widow, or where his widow has died or married again, 
or where she has been deprived of her pension under the provisions of 
the pension-law, the pension granted to such child or children shall be 
increased to the same amount per month that would be allowed under 
the foregoing provisions to the widow, if living and entitled to a pen- 
sion : Provided, That the additional pension herein granted to the widow 
on account of the child or children of the husband by a former wife 
shall be paid to her only for such period of her widowhood as she has 
been, or shall be, charged with the maintenance of such child or chil- 
dren ; for any period during which she has not been, or she shall not be, 
so charged, it shall be granted and paid to the guardian of such child or 
children : Provided further, That a widow or guardian to whom increase 
of pension has been, or shall hereafter be, granted on account of minor 
children, shall not be deprived thereof by reason of their being main- 
tained in whole or in part at the expense of a State or the public in any 
educational institution, or in any institution organized for the care of 
soldiers' orphans. 
What children g EC< 4704. In the administration of the pension-laws, children born 
mate™ legltl " before the marriage of their parents, if acknowledged by the father be- 
fore or after the marriage, shall be deemed legitimate. 
"Widows of col- Sec. 4705. The widows of colored and Iudian soldiers and sailors who 
ored and Indian have died, or shall hereafter die, by reason of wounds or injuries received, 
soldiers, &c. QJ , casua ity received, or disease contracted, in the military or naval serv- 

ice of the United States, and in the line of duty, shall be entitled to 
receive the pension provided by law without other evidence of marriage 
than satisfactory proof that the parties were joined in marriage by some 
ceremony deemed by them obligatory, or habitually recognized each 
other as man and wife, and were so recognized by their neighbors, and 
lived together as such up to the date of enlistment, when such soldier 
or sailor died in the service, or, if otherwise, to date of death ; and the 



193 

children born of any marriage so proved shall be deemed and held to be 
lawful children of such soldier or sailor, but this section shall not be ap- 
plicable to any claims on account of persons who enlist after the third 
day of March, one thousand eight hundred and seventy-three. 

Sec. 4706. If any person has died, or shall hereafter die, leaving a Abandonment, 
■widow entitled to a pension by reason of his death, and a child or chii- &c -' uy widow, 
dren under sixteen years of age by such widow, and it shall be duly 
certified under seal by any court having probate jurisdiction, that satis- 
factory evidence has been produced before such court, upon due notice 
to the" widow, that she has abandoned the care of such child or children, 
or that she is an unsuitable person, by reason of immoral conduct, to 
have the custody of the same, on presentation of satisfactory evideuce 
thereof to the Commissioner of Peusions, no pension shall be allowed to 
such widow until such child or children shall have attained the age of 
sixteen years, any provisions of law to the contrary notwithstanding ; 
and the "said child or children shall be pensioned in the same manner, 
and from the same date, as if no widow had survived such person, and 
such pension shall be paid to the guardian of such child or children ; but 
if in any case payment of pension shall have been made to the widow, 
the pension to the child or children shall commence from the date to 
which her pension has been paid. 

Sec. 4707. If auy person embraced within the provisions of sections Succession 
forty-six hundred and ninety-two and forty-six hundred and ninety- JJ^J endent rel " 
three has died since the fourth day of March, eighteen hundred and 
sixty-one, or shall hereafter die, by reason of any wound, injury, casu- 
alty, or disease, which, under the conditions and limitations of such 
s ctions, would have entitled him to an invalid pension, and has not 
left or shall not leave a widow or legitimate child, but has left or shall 
leave other relative or relatives who were dependent upon him for sup- 
port, in whole or in part, at the date of his death, such relative or rel- 
atives shall be entitled, in the following order of precedence, to receive 
the same pension as such person would have been entitled to had he 
beeu totally disabled, to commence from the death of such person, 
namely: first, the mother; secondly, the father ; thirdly, orphan broth- 
ers and sisters under sixteen years of age, who shall be pensioned 
jointly: Provided, That where orphan children of the same parent have 
different guardians, or a portion of them only are under guardianship, 
the share of the joint pension to which each ward shall be entitled shall 
be paid to the guardian of such ward : Provided, That if in auy case 
said person shall have left father and mother who were dependent upon 
him, then, on the death of the mother, the father shall become entitled 
to the pension, commencing from and after the death of the mother; 
and upon the death of the mother and father, or upon the death of the 
father and the remarriage of the mother, the dependent brothers and 
6isters under sixteen years of age shall jointly become entitled to such 
pension until they attain the age of sixteen years respectively, com- 
mencing from the death or remarriage of the party who had the prior 
right to the pension: Provided, That a mother shall be assumed to have 
been dependent upon her son within the meaning of this section if, at 
the date of his death, she had no other adequate means of support than 
the ordinary proceeds of her own manual labor and the contributions of 
said son or of any other persons not legally bound to aid in her support; 
and if, by actual contributions, or in any other way, the son had recog- 
nized his obligations to aid in support of his mother, or was by law 
bound to such support, and that a father or minor brother or sister shall, 
in like manner and under like conditions, be assumed to have been 
dependent, except that the income which was derived or derivable from 
his actual or possible manual labor shall be taken into account in esti- 
mating a father's means of independent support: Provided further, That 
the pension allowed to any person on account of his or her dependence, 
as hereinbefore provided, shall not be paid for any period during which 
it shall not be necessary as a means of adequate subsistence. 

Sec. 4706. The remarriage of any widow, dependent mother, or de- Remarriage, 
pendent sister, entitled to pension, shall not bar her right to such 
pension to the date of her remarriage, whether an application therefor 
was filed before or after such marriage; but on the remarriage of any 
widow, dependent mother, or dependent sister, having a pension, such 
pension shall cease. 

Six. 4709. All pensions which have been, or which may hereafter be, oFXSTafTr 
granted in consequence of death occurring from a cause which origi- March 4 1661 6 
13 N L 



194 

nated in the service since the fourth day of March, eighteen hundred 
and sixty-one, or in consequence of wounds or injuries received or 
disease contracted since that date, shall commence from the death or 
discharge of the person on whose account the claim has been or is here- 
after granted, or from the termination of the right of party having prior 
title to such pension ; provided the application for such pension has 
been or is hereafter filed with the Commissioner of Pensions within five 
years after the right thereto has accrued ; otherwise the pension shall 
commence from the date of filing the last evidence necessary to estab- 
lish the same. But the limitation herein prescribed shall not apply to 
claims by or in behalf of insane persons and children under sixteen 
years. 
When pension Sec. 4710. In construing the preceding section, the right of persons 
deemed to have entitled to pensions shall be recognized as accruing at the date therein 
stated for, the commencement of such pension, and the right of a de- 
pendent father or dependent brother to pension shall not in any case be 
held to have accrued prior to the sixth day of June, eighteen hundred 
and sixty-six ; and 'the right of all other classes of claimants, if apply- 
ing on account of the death of a person who was regularly mustered into 
the service, or regularly employed in the Navy or upon the gun-boats 
or war-vessels of the United States, shall not be held to have accrued 
prior to the fourteenth day of July, eighteen hundred and sixty-two ; if 
applying on account of a chaplain of the Army, their right shall not 
be held to have accrued prior to the ninth day of April, eighteen hun- 
dred and sixty-four ; if applying on account of an enlisted soldier who 
was not mustered, or a non-enlisted man in temporary service, their 
right shall not be held to have accrued prior to the fourth day of July, 
eighteen hundred and sixty-four; if applying on account of an acting 
assistant or contract surgeon, their right shall not be held to have 
accrued prior to the third day of March, eighteen hundred and sixty- 
five ; if applying on account of persons enlisted as teamsters, wagoners, 
artificers, hospital-stewards, or farriers, their right shall not be held to 
have accrued prior to the sixth day of June, eighteen hundred and 
sixty-six; and the right of all classes of claimants applying on account 
of a provost-marshal, deputy provost-maTshal, or enrolling-officer, shall 
not be held to have accrued prior to the twenty-fifth day of July, eight- 
een hundred and sixty-six. But the right of a widow or dependent 
mother who married prior, and did not apply till subsequent to the 
twenty-seventh day of July, eighteen hundred and sixty-eight, shall 
not be held to have accrued prior to that date. 
Arrears of pen- g EC> 4711> j t g^u b e t ^ e ft uty f t |j e Commissioner of Pensions, upon 
S1(ms ' any application by letter or otherwise by or on behalf of any pensioner 

entitled to arrears of pension under section forty-seven hundred and 
nine, or if any such pensioner has died, upon a similar application by 
or on behalf of any person entitled to receive the accrued pension due 
such pensioner at his death, to payor cause to be paid to such pensioner, 
or other person, all such arrears of pension as the pensioner may be 
entitled to, or, if dead, would have been entitled to under the provisions 
of that section had he survived; and no claim-agent or other person 
shall be entitled to receive any compensation for services in making 
application for arrears of pension. 
Provisions of Sec. 4712. The provisions of this Title in respect to the rates of pen- 
pension laws ex- s j on to p ersons whose right accrued since the fourth day of March, eight- 
een hundred and sixty-one, are extended to pensioners whose right to 
pension accrued under general acts passed since the war of the Revolu- 
tion and prior to the fourth clay of March, eighteen hundred and sixty- 
one, to take effect from and after the twenty-fifth day of July, eighteen 
hundred and sixty-six; and the widows of revolutionary soldiers and 
sailors receiving a less sum shall be paid at the rate of eight dollars per 
month from and after the twenty-seventh day of July, eighteen hundred 
and sixty-eight. 
Commencement Sec. 4713. In all cases in which the cause of disability or death origi- 
of pensions for nated in the service prior to the fourth day of March, eighteen hundred 
prior wars. an d sixty-one, and an application for pension shall not have been filed 

within three years from the discharge or death of the person on whose 
account the claim is made, or within three years of the termination of a 
pension previously granted on account of the service and death of the 
same person, the pension shall commence from the date of filing by the 
party prosecuting the claim the last paper requisite to establish the 



195 

same. But no claim allowed prior to the sixth day of June, eighteen 
hundred and sixty-six, shall be affected by anything herein contained. 

Sec. 4714. Declarations of pension claimants shall be made before a Declaration of 
court of record, or before some officer thereof having custody of its seal, claimants, 
said officer hereby beiiit>- fully authorized and empowered to administer 
and certify any oath or affirmation relating to any pension or application 
therefor: Provided, That the Commissioner of Pensions may designate, 
in localities more than twenty-five miles distant from any place at which 
such court is holden, persons duly qualified to administer oaths, before 
whom declarations may be made and testimony taken, and may accept 
declarations of claimants residing in foreign countries, made before a 
United States minister or consul, or before some officer of the country 
duly auihorized to administer oaths for general purposes, and whose 
official character and signature shall be duly authenticated by the cer- 
tificate of a United States minister or consul ; declarations in claims of 
Indians made before a United States agent; and declarations in claims 
under the provisions of this Title relating to pensions for services in the 
war of eighteen hundred and twelve, made before an officer duly au- 
thorized to administer oaths for general purposes, when the applicants, 
by reason of infirmity of age, are unable to travel: Provided, That any 
declaration made before an officer duly authorized to administer oaths 
for general purposes shall be accepted to exempt a claim from the limi- 
tation as to date of riling prescribed in section forty-seven hundred and 
nine. 

Sec. 4715. Nothing in this Title shall be so construed as to allow more Only one pen- 
thau one pension at; the same time to the same person, or to persons sum at a time, 
entitled jointly ; but any pensioner who shall so elect may surrender 
his certificate, and receive, in lieu thereof, a certificate for any other 
pension to which he would have been entitled had not the surrendered 
certificate been issued. But all payments previous ly made for any period 
covered by the new certificate shall be deducted from the amount allowed 
by such certificate. 

Sec. 471(3. No money on account of pension shall be paid to any per- Loyalty, 
son, or to the widow, children, or heirs of any deceased person, who in 
any manner voluntarily engaged in, or aided or abetted, the late rebel- 
lion against the authority of the United States. 

Sec. 4717. No claim for pension not prosecuted to successful issue Claims to be 
within five years from the date of filing the same shall be admitted prosecuted with.- 
without record-evidence from the War or Navy Department of the in- ia w a ime r 
jury or the disease which resulted iu the disability or death of the per- 
son on whose account the claim is made : Provided, That in any case in 
which the limitation prescribed by this section bars the further prose- 
cution of the claim, the claimant may present, through the Pension- 
Office, to the Adjutant-General of the Army, or the Surgeon-General of 
the Navy, evidence that the disease or injury which resulted in the dis- 
ability or death of the person on whose account the claim is made, 
originated in the service and in the line of duty; and if such evidence 
is deemed satisfactory by the officer to whom it may he submitted, he 
shall cause a record of the fact so proved to be made, and a copy of the 
same to be transmitted to the Commissioner of Pensions, and the bar to 
the prosecution of the claim shall thereby be removed. 

Sec. 4718. If any pensioner has died or shall hereafter die; or if any Accrued pen- 
person entitled to a pension, having an application therefor pending. 8ions - 
has died or shall hereafter die, his widow, or if there is no widow, the 
child or children of such person under the age of sixteen years, shall be 
entitled to receive the accrued pension to the date of the death of such 
person. Such accrued pension shall not be considered as a part of the 
ass sts of the estate of deceased, nor liable to be applied to the payment 
of the debts of said estate iu any case whatever, but shall inure to the 
sole and exclusive benefit of the widow or children; and if no widow 
or child survive, no payment whatsoever of the accrued pension shall 
he made or allowed, except so much as may be necessary to re-imburso 
the person who bore the expenses of the last sickness and burial of the 
decedent, in cases where he did not leave sufficient assets to meet such 
expenses. 

Sec. 471'J. The failure of any pensioner to claim his pension for three Unclaimed pen- 
years after the same shall have become due shall be deemed presurap- 810ns - 
tive evidence that such pension has legally terminated by reason of the 
pensioner's death, remarriage, recovery from the disability, or other- 
wise, and the pensioner's name shall be stricken from the list of pen- 



196 

sioners, subject to the right of restoration to the same on a new applica- 
tion by the pensioner, or, if the pensioner is dead, by the widow or 
minor children entitled to receive the accrued pension, accompanied by 
evidence satisfactorily accounting for the failure to claim such pension, 
and by medical evidence in cases of invalids who were not exempt from 
biennial examinations as to the continuance of the disability. 
Pensions under Sec. 4720. When the rate, commencement, and duration of a pension 
special acts of allowed by special act are fixed by such act, they shall not be subject 
Congress. ^ Q ^ e var i e d by the provisions and limitations of the general pension- 

laws, but when not thus fixed the rate and continuance of the pension 
shall be subject to variation in accordance with the general laws, and 
its commencement shall date from the passage of the special act, and 
the Commissioner of Pensions shall, upon satisfactory evidence that 
fraud was perpetrated in obtaining such special act, suspend payment 
thereupon until the propriety of repealing the same can be considered 
by Congress. 

[Sec. 47*21 relates to Indian claims, and 4722 to Missouri State militia.] 
Colored sol- Sec. 4723. All colored persons who enlisted in the Army during the 
diers enrolled as war f ^be rebellion, and who are now prohibited from receiving bounty 
and pension on account of being borne on the rolls of their regiments 
as " slaves," shall be placed on the same footing, as to bounty and pen- 
sion, as though they had not been slaves at th« date of their enlistment. 
Both pension Sec. 4724. No person in the Army, Navy, or Marine Corps shall draw 
and pay not al- both a pension as an invalid, and the pay of his rank or station in the 
lowed, unless, &c. gerv j ce> un i e ss the disability for which the pension was granted be such 
as to occasion his employment in a lower grade, or in the civil branch 
of the service. 
Half -pay to Sec. 4725. All those surviving widows and minor children who have 
widows, &c, un- been allowed five years' half-pay, under the provisions of any general 
der laws prior to j aw8 passed prior to the third day of June, eighteen hundred and fifty- 
eight, are granted a continuance of such half-pay, to commence from 
the date of the last payment under the respective acts of Congress 
granting the same, and on the terms and limitations provided in the fol- 
lowing section. 
To widow for Sec. 4726. Such half-pay is granted to such widows during life, and, 
life, and to chil- where there is no widow, to the children, while under the age of sixteen 
dren under six- years ; but iu case of the remarriage or death of any such widow, the 
teen, &c. half-pay shall go to the children of the decedent on account of Avhose 

services it is claimed, while such children are under sixteen years of age, 
and no longer. 
Half-monthly Sec. 4727. The half-pay of such widows and children shall be half the 
pay not to exceed monthly pay of the officers, non-commissioned officers, musicians, and 
that of lieuten- privates of the infantry of the Regular Army, aud no more, and no 
ant-colonel. greater sum shall be allowed to any such widow or minor children than 

the half-pay of a lieutenant-colonel. But the two preceding sections 
shall not be construed to apply to or embrace the case of any person 
receiving a pension for life on the third day of June, eighteen hundred 
and fifty-eight ; and, wherever half-pay has been granted by any special 
act of Congress, and renewed or continued under the provisions of those 
sections, the same shall continue from the date above named : Provided, 
That pensions under this and the two preceding sections, shall be varied 
in accordance with the provisions of section four thousand seven hun- 
dred and twelve of this Title. 
Kayy pensions. Sec. 4728. If any officer, warrant or petty officer, seaman, engineer, 
first, second, or third assistant engineer, fireman or coal-heaver of the 
Navy or any marine has been disabled prior to the fourth day of March 
eighteen hundred and sixty-one by reason of any injury received or dis- 
ease contracted in the service and line of duty, he shall be entitled to 
receive during the continuance of his disability a pension proportionate 
to the degree of his disability not exceeding half the monthly pay of 
his rank as it existed in January eighteen hundred and thirty-five. But 
the pension of a chief-engineer shall be the same as that of a lieutenant 
of the Navy; the pension of a first assistant engineer the same as that 
of a lieutenant of marines; the pension of a second or third assistant 
engineer the same as that of a forward officer ; the pension of a fireman 
or coal-heaver the same as that of a seaman ; but an engineer, fireman 
or coal-heaver shall not be entitled to any pension by reason of a dis- 
ability incurred prior to the thirty-first day of August eighteen hundred 
and forty-two. 



197 

Sec. 4729. If auy person referred to iu the preceding section has died Naval pensions 
in the service, of injury received or disease contracted under the condi- to widows and 
tions therein stated, his widow shall he entitled to receive half the c 
monthly pay to which the deceased was entitled at the date of his 
death ; and in case of her death or marriage, the child or children under 
sixteen years of age shall he entitled to the pension. But the rate of 
pension herein allowed shall he governed by the pay of the Navy as it 
existed in January, eighteen hundred and thirty-five ; and the pension 
of the widow of a chief engineer shall be the same as that of a widow 
of a lieutenant in the Navy ; the pension of the widow of a first assist- 
ant engineer shall be the same as that of the widow of a lieutenant of 
marines ; the pension of the widow of a second or third assistant engi- 
neer the same as that of the widow of a forward officer ; the pension 
of the widow of a fireman or coal-heaver shall be the same as that of 
the widow of a seaman. But the rate of pension prescribed by this and 
the preceding section shall be varied from and after the twenty-fifth 
day of July, eighteen hundred and sixty-six, in accordance with the 
provisions of section four thousand seven hundred and twelve of this 
Title : and the widow of an engineer, fireman, or coal-heaver shall not 
be entitled to any pension by reason of the death of her husband if his 
death was prior to the thirty-first day of August, eighteen hundred and 
forty-two. 

Sec. 4730. Any officer, non-commissioned officer, musician or private, Pensions to sol- 
whet her of the Eegular Army or volunteers disabled by reason of injury diers of Mexican 
received or disease contracted while in the line of duty in actual service war " 
in the war with Mexico, or in going to or returning from the same, who 
received an honorable discharge, shall be entitled to a pension propor- 
tionate to his disability, not exceeding for total disability half the pay 
of his rank at the date at which he received the wound or contracted 
the disease which resulted in such disability. But no pension shall 
exceed half the pay of a lieutenant-colonel. 

Sec. 4731. If any officer or other person referred to in the preceding widows and 
section has died or shall hereafter die by reason of any injury received children of Mexi- 
or disease contracted under the circumstances therein set forth, his can war pension- 
widow shall be entitled to receive the same pension as the husband ers ' 
would have been entitled to had he been totally disabled; and in case 
of her death or remarriage, the child or children of such officer or other 
person referred to in the preceding section, while under the age of six- 
teen years, shall be entitled to receive the pension. But the rate of 
pension prescribed by this and the preceding section shall be varied 
after the twenty-fifth day of July, eighteen hundred and sixty-six, in 
accordance with the provisions of section four thousand seven hundred 
and twelve of this Title. 

Sec. 4732. The widows and children under sixteen years of age of the Widows and 
officers, non-commissioned officers, musicians and privates of the reg- children of peo- 
ulars, militia, and volunteers of the war of one thousand eight hundred Jg^ 6 ^ Indian 
and twelve and the various Indian wars since one thousand seven hun- wa rs. 
dred and ninety who remained at the date of their death in the military 
service of the United States, or who received an honorable discharge 
and have died or shall hereafter die of injury received or disease con- 
tracted in the service and in the line of duty shall be entitled to receive 
half the monthly pay to which the deceased was entitled at the time he 
received the injury or contracted the disease which resulted in his 
death. But no half-pay pension shall exceed the half-pay of a lieuten- 
ant-colonel and such half-pay pension shall be varied after the twenty- 
fifth day of July oue thousand eight hundred and sixty-six in accord- 
ance with the provisions of section four thousand seven hundred and 
twelve of this Title. 

Sec. 4733. All pensioners whose names are now on the pension-roll Continuance of 
or who are entitled to restoration to the roll under any act of Congress, P ensi0n8 - 
shall be entitled to the continuance of such pensions under the provis- 
ions and limitations of this Title, and to such further increase of pension 
as is herein provided. 

Sec. 4734. The provisions of law which allow the withholding of the Pensions not to 
compensation of any person who is in arrears shall not be construed to ^ e withheld, 
authorize the pension of any pensioner of the United States to be with- 
held. 

Sec. 4735. No pension shall be granted to a widow for the same time Timeforwhich 
that her husband received one. reSVTapension! 



198 

Pensions to cer- Sec. 4736. The Secretary of the Interior is directed to place on the 
sailorVoftnewarP ensi ? n roll the names of the surviving officers and enlisted and drafted 
of 1812. men, including militia and volunteers, of the military and naval service 

of the United States, who served sixty days in the war with Great Brit- 
ain of eighteen hundred and twelve, and were honorably discharged, 
and such other officers and soldiers as may have been personally named 
in any resolution of Congress for any specific service in that war, although 
their term of service may have been less than sixty days, subject, how- 
ever, to the provisions of section forty-seven hundred and sixteen. 
at"what°rate°&c e ^ EC ' 473 ' * Pensioris » under the preceding section, shall be at the rate 
w a ra e, c. o ^ ^g^ dollars per month, and shall be paid to the persons entitled 
thereto for the term of their lives, from and after the fourteenth day of 
February, eighteen hundred and seventy-one. But that section shall 
not apply to any person who is receiving a pension at the rate of eight 
dollars or more per month ; nor to any person who is receiving a pension 
less than eight dollars per month, except for the difference between the 
pension now received and eight dollars per month. 
Pensions to sur- Sec. 4738. The surviving widows of such persons as are embraced 
vrving widows of w ithin the provisions of the two preceding sections, shall be allowed, on 
war of S 'l8l2. C ' ° * ne conditions and limitations therein expressed, the same pension that 
such persons themselves would have been entitled to receive thereunder 
if living on the fourteenth day of February, eighteen hundred and 
seventy-one: Provided, however, Such widows were married to the hus- 
bands, on account of whose services the pension is claimed, prior to the 
treaty of peace which terminated the war of eighteen hundred and 
twelve, and have not remarried. 
Proof required; Sec. 4739. Before the name of any person is placed upon the pension- 
names may be roll under the three preceding sections, proof shall be made, under such 
nension-rolls r0m re g u ^ atioils as tne Secretary of the Interior may prescribe, that the ap- 
plicant is entitled to a pension under the provisions of the sections herein 
cited; and the Secretary of the Interior shall cause to be stricken from 
the pension-roll the name of any person whenever it appears, by proof 
satisfactory, that such name was put upon such roll through false or 
fraudulent representations. 
Loss of certifi- Sec. 4740. The loss of a certificate of discharge shall not deprive an 
cate ot discharge, applicant of the benefits of sections forty-seven huudred and thirty-six, 
forty-seven hundred and thirty-seven, and forty-seven hundred and 
thirty-eight, but other proof of services performed and of an honorable 
discharge, if deemed satisfactory, shall be sufficient. 
Pensionsto oflfi- Sec. 4741. The officers and seamen of the revenue-cutters of the United 
cers and seamen States, who have been or may be wounded or disabled in the discharge 
ters revenue " cut " of their duty while co-operating with the Navy by order of the Presi- 
dent, shall be entitled to be placed on the Navy pension-list, at the same 
rate of pension and under the same regulations and restrictions as are 
provided by law for the officers and seamen of the Navy. 

[Sees. 4742 and 4743 relate to revolutionary pensions, and 4744 to de- 
tail of clerk to investigate pension frauds.] 

Sec. 4745. Any pledge, mortgage, sale, assignment, or transfer of any 
transfer of nen^ ^S^t, claim, or interest in any pension which has been, or may hereafter 
sion void. be, granted, shall be void and of no effect ; and any person acting as 

attorney to receive and receipt for money for and in behalf of any per- 
son entitled to a pension shall, before receiving such money, take and 
subscribe an oath, to be filed with the pension-agent, and by him to be 
transmitted, with the vouchers now required by law, to the proper ac- 
counting officer of the Treasury, that he has no interest in such money 
by any pledge, mortgage, sale, assignment, or transfer, and that he does 
not know or believe that the same has been so disposed of to any person. 
Penalty for Sec. 4746. Every person who knowingly or willfully in anywise pro- 
false affidavit cures the making or presentation of any false or fraudulent affidavit 
an d postulating concerning any claim for pension, or payment thereof, or pertaining to 
any other matter within the jurisdiction of the Commissioner of Pen- 
sions, or who knowingly or willfully presents or causes to be presented 
at any pension-agency any power of attorney or other paper required as 
a voucher in drawing a pension, which paper bears a date subsequent 
to that on which it was actually signed or executed, shall be punished 
by a fine not exceeding five hundred dollars, or by imprisonment for a 
term not exceeding three years, or by both. 
Pension not lia- Sec. 4747. No sum of money due, or to become due, to any pensioner, 
ble to attach- shall be liable to attachment, levy, or seizure by or under any legal or 
ment, &c. equitable process whatever, whether the same remains with the Pension- 



199 

Office, or any officer or agent thereof, or is in course of transmission to 
the pensioner entitled thereto, but shall inure wholly to the benefit of 
such pensioner. 

Sec. 4743. That the Commissioner of Pensious, on application being Commissioner 
made to him in person, or by letter, by any claimant or applicant for j^S^ 1 ^ 5 !*? ted 
pension, bounty-land, or other allowance required by law to be adjusted f charge. ' 
or paid by the Pension-Office, shall furnish such person, free of all ex- 
pense, all such printed instructions aud forms as may be necessary in 
establishing and obtaining said claim ; and on the issuing of a certificate 
of pension or of a bounty-land warrant, he shall forthwith notify the 
claimant or applicant, aud also the agent or attorney in the case, if 
there be one, that such certificate has been issued, or allowance made, 
and the date aud amount thereof. 

Sec. 475b'. There shall be paid out of the naval pension-fund to every Half-rating to 
person who, from age or infirmity, is disabled from sea-service, but who disabled enlisted 
has served as an enlisted person in the Navy or Mariue Corps for the P ersou f serving 
period of twenty years, and not been discharged for misconduct, in lieu ^avy '^/Marine 
of being provided with a home in the Naval Asylum, Philadelphia, if he Corps, 
so elects, a sum equal to one-half the pay of his rating at the time he 
was discharged, to be paid to him quarterly, under the direction of the 
Commissioner of Pensions; and applications for such pension shall be 
made to the Secretary of the Navy, who, upon being satisfied that the 
applicant comes within the provisions of this section, shall certify the 
same to the Commissioner of Pensious, aud such certificate shall be his 
warrant for making payment as herein authorized. 

Sec. 4757. Every disabled person who has served in the Navy or Serving; not less 
Mariue Corps as an enlisted man for a period not less than ten years, ^av receive what 
aud not been discharged for misconduct, may apply to the Secretary of a i a ;' 
the Navy for aid from the surplus income of the naval pension-fund; 
and the Secretary of the Navy is authorized to convene a board of not 
less than three naval officers, one of whom shall be a surgeon, to examine 
into the coudition of the applicaut, and to recommend a suitable amount 
for his relief, aud for a specified time, and upon the approval of such 
recommendation by the Secretary of the Navy, and certificate thereof to 
the Commissioner of Pensions, the amount shall be paid in the same 
manner as is provided in the preceding section for the payment to per- 
sons disabled by long service in the Navy; but no allowauce so made 
shall exceed the rate of a pension for full disability corresponding to the 
grade of the applicant, nor, if in addition to a pension, exceed one-fourth 
the rate of such pension. 

Sec. 4768. The Commissioner of Pensions shall forward the certificate Certificate o f 
of pensions, granted in any case, to the agent for paying pensions where pension and fee 
such certificate is made payable, and at the same time forward there- of attorney, 
with one of the articles of agreement filed in the case and approved by 
zhe Commissioner, setting forth the fee agreed upon between the claim- 
mt and the attorney or agent, and where no agreement is on file, as 
hereinbefore provided, he shall direct that a fee of ten dollars only be 
paid the agent or attorney. [See § 5485.] 

Sec. 4769. It shall be the duty of the agent paying such pension to Pension -agent 
deduct from the amount due the pensioner the amount of fee so agreed to deduct attor- 
upon or directed by the Commissioner to be paid where no agreement is ne y 8 ' fees - 
filed and approved, and to forward or cause to be forwarded to the agent 
or attorney of record named in such agreement, or, in case there is no 
agreement, to the agent prosecuting the case, the amount of the proper 
fee, deducting therefrom the sum of thirty cents in payment of his serv- 
ces in forwarding the same. 

Sec. 4771. In all cases of application for the payment of pensions to Biennial exami- 
invalid pensioners to the fourth day of September of an odd year, the nations, &c. 
certificate of an examining surgeon duly appointed by the Commissioner 
of Pensions, or of a surgeon of the Army or Navy, stating the continu- 
ance of the disability for which the pension was originally granted, 
describing it, and the degree of such disability at the time of making 
the certificate, shall be required to accompany the vouchers, and a 
duplicate thereof shall be filed in the Office of the Commissioner of Pen- 
sions; and if in a case of continued disability it shall be stated at a 
degree below that for which the pension was originally granted, or was 
la>t paid, the pensioner shall only be paid for the quarter then due at 
the rate stated in the certificate. But where the pension was originally 
granted for a disability in consequence of the loss of a limb, or otb'-r 
essential portion of the body, or for other cause which cannot, either in 



200 

whole or in part, be removed, or when a disability is certified, by com- 
petent examining surgeons, to the satisfaction of the Commissioner of 
Pensions, to have become permanent in a degree equal to the whole 
rate of pension, the above certificate shall not be necessary to entitle 
the pensioner to payment. 
More frequent Sec. 4772. Nothing in the preceding section shall be construed to pre- 
examination. vent the Commissioner of Pensions from requiring a more frequent ex- 
animation, if, in his judgment, it is necessary. 
Biennial exam- Sec. 4773. The biennial certificate of two unappointed civil surgeons 
inations by unap- shall not be accepted in any case, except upon satisfactory evidence 
geons&c SUr * na * an examination by a commissioned or duly appointed surgeon is 
impracticable. 
Boards of exam- s EC . 4774. The Commissioner of Pensions is authorised to organize, at 
mm g surgeons. ^ discretion, boards of examining surgeons, not to exceed three mem- 
bers, and each member of a board thus organized who is actually present 
and makes, in connection with other members or member, an ordered 
or periodical examination, shall be entitled to the fee of one dollar, on 
the receipt of a proper certificate of such examination by the Commis- 
sioner of Pensions. 
Special exami- Sec. 4775. Examining surgeons duly appointed by the Commissioner 
nations. of Pensions, and such other qualified surgeons as may be employed in 

the Pension Office, may be required by him, from time to time, as he 
deems for the interests of the Government, to make special examina- 
tions of pensioners, or applicants for pension, and such examinations 
shall have precedence over previous examinations, whether special or 
biennial ; but when injustice is alleged to have been done by an exami- 
nation so ordered, the Commissioner of Pensions may, at his discretion, 
select a board of three duly appointed examining surgeons, who shall 
meet at a place to be designated by him, and shall review such cases as 
may be ordered before them on appeal from any special examination, 
and the decision of such board shall be final on the question so submit- 
ted thereto, provided the Commissioner approve the same. The com- 
pensation of each of such surgeons shall be three dollars, and shall be 
paid out of any appropriations made for the payment of pensions, in the 
same manner as the ordinary fees of appointed surgeons are or may be 
authorized to be paid. 
Medical referee Sec. 4776. The Secretary of the Interior is authorized to appoint a 
and examining duly qualified surgeon as medical referee, who, under the control and 
surgeons. direction of the Commissioner of Pensions, shall have charge of the ex- 

amination and revision of the reports of examining surgeons, and such 
other duties touching medical and surgical questions in the Pension- 
Office, as the interests of the service may demand; and his salary shall 
be two thousand five hundred dollars per annum. And the Secretary 
of the Interior is further authorized to appoint such qualified surgeons 
(not exceeding four) as the exigencies of the service may require, who 
may perfona the duties of examining surgeons when so required, and 
who shall be borne upon the rolls as clerks of the fourth class; but such 
appointments shall not increase the clerical force of said Bureau. 
Appointment Sec. 4777. The Commissioner of Pensions is empowered to appoint, 
of civil examin- a i ] 1 ] a discretion, civil surgeons to make the periodical examinations of 
mg surgeons. pensioners which are or may be required by law, and to examine appli- 
cants for pension, where he deems an examination by a surgeon ap- 
pointed by him necessary; and the fee for such examinations, and the 
requisite certificates thereof in duplicate, including postage on such as 
are transmitted to pension-agents, shall be two dollars, which shall be 
paid by the agent for paying pensions in the district within which the 
pensioner or claimant resides, out of any money appropriated for the 
payment of pensions, under such regulations as the Commissioner of 
Pensions may prescribe. 
Pension-agents, Sec. 4784. Agents for the payment of pensions, and any clerks ap- 
<fcc, to take affi- pointed by them and designated in writing for that purpose, which des- 
dav its -without igrmtion shall be returned to and filed in the offioe of the Commissioner 
of Pensions, are required, without any fee therefor, to take and certify 
the affidavits of all pensioners and their witnesses who may personally 
appear before them for that purpose, in which case the check for the 
pension, when due and payable, shall be given direct to the hand of the 
party entitled thereto, if desired, and not mailed to his address as re- 
quired by section forty-seven hundred and sixty -five. 
Fees of attorney g EC< 4735. j$ a g en t or attorney or other person shall demand or re- 
claims r0SeCUtlDS ce ^ ve aD y otner compensation for his services in prosecuting a claim for 



201 

pension or bounty-land than such as the Commissioner of Pensions shall 
direct to be paid to him, not exceeding twenty-rive dollars. [See § 
5485.] 

Sec. 4786. It shall be the duty of the agent or attorney of record in Agreement for 
the prosecution of the case to cause to be tiled with the Commissioner amount of fee to 
of Pensions, for his approval, duplicate articles of agreement, without 
additional cost to the claimant, setting forth the fee agreed upon by the 
parties, which agreement shall be executed in the presence of and certi- 
fied by some officer competent to administer oaths. In all cases where 
application is made for pension or bounty-land, and no agreement is 
filed with and approved by the Commissioner as herein provided, the 
fee shall be ten dollars and no more. [See § 4768.] 

Sec. 5485. Any agent or attorney, or any other person instrumental Title 10, Chap. 0. 
in prosecuting any claim for pension or bounty-laud, who shall directly Attorney for 
or indirectly contract for, demand, or receive or retain any greater com- pensions demand- 
pensation for his services, or instrumentality in prosecuting a claim for j u | 1 I ? ore „ thaa 
pension or bounty-land than is provided in the Title pertaiuiug to pen- " a lee > &c - 
sions, or who shall wrongfully withhold from a pensioner or claimant 
the whole or auy part of the pension or claim allowed and due such 
pensioner or claimant, or the laud-warrant issued to any such claimant, 
shall be deemed guilty of a high misdemeanor, aud, upon conviction 
thereof, shall for every such offense be fined not exceeding five hundred 
dollars, or imprisonment at hard labor not exceeding two years, or both, 
at the discretion of the court. [See §§ 4785,4788.] 

Sec. 5486. If any guardian having the charge aud custody of the pen- Embezzlement 
sion of his ward shall embezzle the same in violation of his trust, or of pension by 
fraudulently convert the same to his own use, he shall be punished by gu aruiau - 
fine not exceeding two thousand dollars, or imprisonment at hard labor 
for a term not exceeding five years, or both, at the discretion of the 
court. 

Sec. 5487. Every pension-agent, or other person employed or appointed Pension-agent 
by him, who takes, receives, or demands any fee or reward from any taklu S fee > &c - 
pensioner for auy service in connection with the payment of his pension, 
shall be fined not more than five hundred dollars. 1 See § 4784.] 

AX ACT to equalize pensions in certain cases. 

Be it enacted by the Senate and House of Representatives of the United States JuDe 6 ' 187 ^ 
of America in Congress assembled, That all persons entitled to pensions Certain pen 
under special acts fixing the rate of such pensions, and now receiving sions equalized. 
or entitled to receive a less pension than that allowed by the general 
pension-laws under like circumstances, are, in lieu of their present rate 
of pension, hereby declared to be entitled to the benefits and subject to 
the limitations of the general pension laws entitled "An act to revise, 
consolidate, and amend the laws relating to pensions," approved March 
third, eighteen hundred and seventy-three; aud that this act go into pensions grant- 
etfect from and after its passage : Provided, That this act shall not be eel by special act 
construed to reduce any pension granted by special act. not reduced. 

Approved, June 6, 1874. 

AX ACT to increase pensions in certain cases. 

Be it enacted by the Senate and House of Representatives of the United States June 18, 1874. 
of America in Congress assembled, That all persons who are now entitled Certain pen 
to pensions uuder existing laws and who have lost either an arm at or sions increased, 
above the elbow, or a leg at or above the knee, shall be rated in the sec- 
end class, and shall receive twenty four dollars per month : Provided, Proviso. 
That no artificial limbs, or commutation therefor, shall be furnished to 
snch persons as shall be entitled to pensions under this act. 

Sec. 2. That this act shall take effect from and after the fourth day of 
June, eighteen hundred and seventy-four. [See $ 4698.] 

Approved, June 18, 1874. 

AX ACT to increase the pensions of soldiers and sailors who have been totally dis- 
abled. 

Be it enacted by the Senate and House of Representatives of the United States June 18, 1874. 
of America in Congress assembled, That section four of the act entitled increase of pbd- 
'•An act to revise, consolidate, and amend the laws relating to pensions," s j 0n3 to totally 
and approved March third, eighteen hundred and seventy-three, be so disabled soldiers 
amended that all persons who, while in the military or naval service of and sailors, 
the United States, and in the line of duty, shall have been so perma- 



202 

nently and totally disabled as to require the regular personal aid and 
attendance of another person, by the loss of the sight of both eyes, or 
by the loss of the sight of one eye, the sight of the other having been 
previously lost, or by the loss of both hands, or by the loss of both feet, 
or by any other injury resulting in total and permanent helplessness, 
shall be entitled to a pension of fifty dollars per month ; and this shall 
be in lieu of a pension of thirty-one dollars and twenty-five cents per 
Proviso. month granted to such person by said section : Provided, That the increase 

of pension shall not be granted, by reason of any of the injuries herein 
specified unless the same have resulted in permanent total helplessness 
requiring the regular personal aid and attendance of another person. 

Sec. 2. That this act shall take effect from and afcer the fourth day 
of June, eighteen hundred and seventy-four. [See § 4698.] 

Approved, June 18, 1874. 

PEKSIOK-FUND— NAVY. 



Sec. 

4753. Naval pension-fund, how to be invested. 

4754. Eate of interest on naval peusion-fund. 

4755. Naval pensions payable from fund. 



Sec. 

4750. Secretary of Navy trustee of Navy pension- 

fund. 

4751. Penalties, how to be sued for, &c. 

4752. Prize-money accruing to United States to 

remain a fund for pensions. 

T^lc 57. Sec. 4750. The Secretary of the Navy shall be trustee of the Navy 

Secretary of pension-fund. 

Navy trustee. 

tobe^uedfor^r Sec ' 4751# A1 * P ena l ties and forfeitures incurred under the provisions 
' ' of sections twenty-four hundred and sixty-one, twenty-four hundred and 
sixty-two, and twenty-four hundred and sixty-three, Title "The Public 
Lands,"* shall be sued for, recovered, distributed, and accounted for, 
under the directions of the Secretary of the Navy, and shall be paid 
over, one-half to the informers, if any, or captors, where seized, and the 
other half to the Secretary of the Navy for the use of the Navy pension- 
fund; and the Secretary is authorized to mitigate, in whole or in part, 
on such terms and conditions as he deems proper, by an order in writing, 
any fine, penalty, or forfeiture so incurred. 
Prize-money Sec. 4752. All money accruing or which has already accrued to the 
accruing to the United States from sale of prizes shall be and remain forever a fund for 
remain a f at df^ * ne P a y men t of pensions to the officers, seamen, and marines who may 
pensions. Un 01 De entitled to receive the same ; and if such fund be insufficient for the 
purpose, the public faith is pledged to make up the deficiency; but if 
it should be more thau sufficient, the surplus shall be applied to the 
making of further provision for the comfort of the disabled officers, sea- 
men, and marines. [See § 4630, under Pkize.] 
Naval pension- Sec. 4753. The Secretary of the Navy, as trustee of the naval pension- 
fund, how to be fund, is directed to cause to be invested in the registered securities of 
invested. the United States, on the first day of January and the first day of July 

of each year, so much of such fund then in the Treasury of the United. 
States as may not be required for the payment of naval pensions for the 
then current fiscal year; and upon the requisition of the Secretary, so 
much of the fund as may not be required for such payment of pensions 
accruing during the current fiscal year shall be held in the Treasury on 
the days above named in each year, subject to his order, for the purpose 
of such immediate investment ; and the interest payable in coin upon 
the securities in which the fund may be invested, shall be so paid, when 
due, to the order of the Secretary of the Navy, and he is authorized and 
directed to exchange the amount of such interest when paid in coin, for 
so much of the legal currency of the United States as may be obtained 
therefor at the current rates of premium on gold, and to deposit the 
interest so converted in the Treasury to the credit of the naval pension- 
fund ; but nothing herein contained shall be construed to interfere with 
the payment of naval pensions under the supervision of the Secretary 
of the Interior, as regulated by law. 
Pate of interest Sec. 4754. The interest on the naval pension-fund shall hereafter be 
on naval pension- a t the rate of three per centum per annum in lawful money. 

Navy pensions Sec. 4755. The Navy pensions shall be paid from the Navy pension- 
payable from f U nd, but no payments shall be made therefrom except upon appropria- 
un ' tions authorized by Congiess. 

*See Keserved Timber. 



203 
PENSION-FUND — PEIVATEEK. 



Sec. 

4762. Commanding officers of privateers to enter 

names, *.tc, in a journal. 

4763. Transcript of journals to be transmitted to 

Secretary of the Navy. 



Sec. 

4T5S. Secretary of Xavy trustee of privateer pen- 
sion-fund. 

4759. Privateer pension-fund, how derived. 

4760. To be paid into Treasury, &c. 

4761. ^Vouucled, &c, privateersmen to be placed 

on pension-list. 

Sec. 4758. The Secretary of the Navy shall he trustee of the privateer Title 57. 
pension-fund. Secretary of 

Navy trustee. 

Sec. 4759. Two per centum on the net amount, after deducting all . Privateer pen- 
charges and expenditures, of the prize-money arising from captured derived 
vessels and cargoes, and on the net amount of the salvage of vessels 
and cargoes recaptured by the private armed vessels of the United 
States, shall be secured aud paid over to the collector or other chief 
officer of the customs at the port or place in the United States at which 
such captured or recaptured vessels may arrive ; or to the consul or 
other public agent of the United States residing at the port or place, 
not within the United States, at which such captured or recaptured 
vessels may arrive. Aud the moneys arising therefrom are pledged by 
the Government of the United States as a fund for the support and 
maintenance of the widows and orphans of such persons as may be 
slaiu. and for the support and maintenance of such persons as may be 
wounded and disabled on board of the private armed vessels of the 
United States, in any engagement with the enemy, to be assigned and 
distributed in such manner as is or may be provided by law. 

Sec. 4760. The two per centum reserved in the hands of The collectors To be paid into 
and consuls by the preceding section, shall be paid to the Treasury, the Treasury, &c. 
under the like regulations provided for other public money, and shall 
coustirute a fund for the purposes provided for by that section. 

Sec. 4761. The Secretary of the Interior is required to place on the Wounded, <s.c, 
pension-list, under the like regulations and restrictions as are used in privateersmen to 
relation to the Navy of the United States, any officer, seaman, or marine, b . e P lac £ fl onpen- 
who, on board of any private armed vessel beariug a commission of let- 
ter of marque, shall have been wounded or otherwise disabled in any 
engagement with the enemy, or in the line of their duty as officers, sea- 
men, or marines of such private armed vessel ; allowing to the captain 
a sum not exceeding twenty dollars per month ; to lieutenants and sail- 
ing-master a sum not exceeding twelve dollars each per month ; to 
marine officer, boatswain, gunner, carpenter, master's mate, and prize- 
masters, a sum not exceeding ten dollars each per mouth ; to all other 
officers a sum not exceeding eight dollars each per month, for the highest 
rate of disability, aud so in proportion ; and to a seaman, or acting as a 
marine, the sum of six dollars per mouth, for the highest rate of disabil- 
ity, and so in proportion ; which several pensions shall be paid from 
moneys appropriated for the payment of pensions. 

Sec. 4762. The commanding officer of every vessel having a commis- Commanding 
sion, or letters of marque and reprisal, shall enter in his journal the officers of priva- 
name and rank of any officer, and the name of any seaman, who, during teers to enter 
his cruise, is wounded or disabled, describing the manner and extent, journal. °' m & 
as far as practicable, of such wound or disability. 

Sec. 4763. Every collector shall transmit quarterly to the Secretary of Transcript of 
the Navy a transcript of such journals as may have been reported to .l ournaI ? to be 
him, so far as it gives a list of the officers and crew, and the description secretarvof the 
of wounds and disabilities, the better to enable the Secretary to decide Navy. 
on claims for pensions. 



PEKJUBY. 



Sec. 

1023. Prosecutions for perjury. 

5392. Perjury. 

5393. Subornation of perjury. 



Sec. 

5396. Form of indictment for perjury. 

5397. Indictment for subornation of perjury. 



Sec. 1023. In prosecutions for perjury committed on examination be- Title 13, Chap. 18. 

fore a naval general court-martial, or for the subornation thereof, it ~ ~ — 

shall be sufficient to set forth the offense charged on the defendant, indications 
without setting forth the authority by which the court was held, or the for perjury before 
particular matters brought before, or intended to be brought before, said a naval court- 
court, martial. 



204 

Title 70, Chap. 4. Sec. 5392. Every person who, having taken an oath before a compe- 
p er | urv tent tribunal, officer, or person, in any case in which a law of the United 

States authorizes an oath to be administered, that he will testify, de- 
clare, depose, or certify truly, or that any written testimony, declaration, 
deposition, or certificate by him subscribed is true, willfully and contrary 
to such oath states or subscribes any material matter which he does not 
believe to be true, is guilty of perjury, and shall be punished by a line 
of uot more than two thousand dollars, and by imprisonment, at hard 
labor, not more than five years ; and shall, moreover, thereafter be in- 
capable of giving testimony in any court of the United States until such 
time as the judgment against him is reversed. [See § 1750, Diplomatic 
Officers.] 
Subornation of Sec. 5393. Every person who procures another to commit any perjury 

perjury. j g g U jit;y of subornation of perjury, and punishable as in the preceding 

section prescribed. [See § 1750.] 
Form of indict- Sec. 5396. In every presentment or indictment prosecuted against any 

ment tor perjury. persou for perjury, it shall be sufficient to set forth the substance of the 
offense charged upon the defendant, and by what court, and before whom 
the oath was taken, averring such court or person to have competent 
authority to administer the same, together with the proper averment 
to falsify the matter wherein the perjury is assigned, without setting 
forth the bill, answer, information, indictment, declaration, or any part 
of any record or proceeding, either in law or equity, or any affidavit, 
deposition, or certificate, other than as hereinbefore stated, and without 
setting forth the commission or authority of the court or person before 
whom the perjury was committed. 
Indictment for Sec. 5397. In every presentment or indictment for subornation of per- 

snboruation of jury, it shall be sufficient to set forth the substance of the offense charged 

perjury. upon the defendant, without setting forth the bill, answer, information, 

indictment, declaration, or any part of any record or proceeding either 
in law or equity, or any affidavit, deposition, or certificate, and without 
setting forth the commission or authority of the court or person before 
whom the perjury was committed, or was agreed or promised to be 
committed. 

PETTY OFFICERS. 

See Seamen in the Navy. 

PILOTS— PILOTAGE. 

Sec. I Sec. 

4235. State regulation of pilots. 4237. No discrimination in rates of pilotage. 

4236. Pilots on bouudaries. 

Title 48, Chap. 5. Sec. 4235. Until further provision is made by Congress, all pilots in 
State regulation * ne Da y s > inlets, rivers, harbors, and ports of the United States shall 

of pilots." continue to be regulated in conformity with the existing laws of the 

States respectively wherein such pilots may be, or with such laws as 
the States may respectively enact for the purpose. 
Pilots on bound- g EC> 4236. The master of any vessel coming into or going out of any 

States port situate upon waters which are the boundary between two States, 

may employ any pilot duly licensed or authorized by the laws of either 

of the States bounded on such waters, to pilot the vessel to or from such 

port. 

No discrimina- Sec 4237. No regulations or provisions shall be adopted by any State 

^Tt ™ rat68 of which shall make any discrimination in the rate of pilotage or half- 

pi o age. pilotage between vessels sailing between the ports of one State and 

vessels sailing between the ports of different States, or any discrimina- 
tion against vessels propelled in whole or in part by steam, or against 
national vessels of the United States; and all existing regulations or 
provisions making any such discrimination are annulled and abrogated. 



205 



PIRACY. 



See. 

4293. Public vessels to suppress piracy. 

4-294. Seizure of piratical vessels. 

4295. Merchant-vessels may resist pirates. 

4296. Condemnation of piratical vessels. 

4297. Seizure of vessels fitted out for piracy. 

4298. What vessels may be authorized to seize pi- 

rates. 

4299. Duty of officers of customs and marshals. 

5323. Accessory before the fact to piracy. Sec. 

5324. Accessory after the fact to robbery or pi- 

racy. 

5368. Piracy under the law of nations. 

5369. Seaman laying violent hands on his com- 

mander. 

5370. Bobbery upon the high seas. 



Sec. 

5371. Robbery on shore by crew of piratical ves- 

sel. 

5372. Murder, &c, upon the high seas. 

5373. Piracy under color of a commission from a 

foreign power. 

5374. Piracy by subjects or citizens of a foreign 

state. 

5375. Piracy in confining or detaining negroes on 

board vessels, &c. 
" 5376. Piracy in landing, seizing, &c, negroes on 
anv foreign shore. 

5383. Running away with or yielding up vessel or 

cargo.' 

5384. Confederating &c, with pirates. 

5533. Accessory after the fact of piracy ; punish- 
ment. 



Sec. 4293. The President is authorized to employ so many of the pub- Title 48, Chap, s. 
lie armed vessels as in his judgment the service may require, with suit- p u \jii c vessels 
able instructions to the commanders thereof, in protecting the merchant- to suppress pi- 
vessels of the United States and their crews from piratical aggressions racy, 
and depredations. 

Sec. 4-294. The President is authorized to instruct the commanders of Seizure of pi- 
the public armed vessels of the United States to subdue, seize, take, and ratical vessels, 
send into any port of the United States, any armed vessel or boat, or 
any vessel or boat, the crew whereof shall be armed, and which shall 
have attempted or committed any piratical aggression, search, restraint, 
depredation, or seizure, upon any vessel of the United States, or of the 
citizens thereof, or upon any other vessel; and also to retake any vessel 
of the United States, or its citizens, which may have been unlawfully 
captured upon the high seas. 

Sec. 4295. The commander and crew of any merchant-vessel of the Merchant-ves- 
United States, owned wholly, or in part, by a citizen thereof, may oppose eels may resist 
and defend against any aggressiou, search, restraint, depredation, r pirate8- 
seizure, which shall be attempted upon such vessel, or upon any other 
vessel so owned, by the commander or crew of any armed vessel what- 
soever, not being a public armed vessel of some nation in amity with 
the United States, and may subdue and capture the same; and may 
also retake any vessel so owned which may have been captured by the 
commander or crew of any such armed vessel, and send the same into 
any port of the United States. 

Sec. 4296. Whenever any vessel, which shall have been built, pur- Condemnation 
chased, fitted out in whole or in part, or held for the purpose of being of piratical vea- 
employed in the commission of any piratical aggression, search, restraint, 86ls - 
depredation, or seizure, or in the commission of any other act of piracy 
as defined by the law of nations, or from which any piratical aggression, 
search, restraint, depredation, or seizure shall have been first attempted 
or made, is captured and brought into or captured in any port of the 
United States, the same shall be adjudged and condemned to their use, 
and that of the captors after due process and trial in any court having 
admiralty jurisdiction, and which shall be holden for the district into 
which such captured vessel shall be brought; and the same court shall 
thereupon order a sale and distribution thereof accordingly, and at its 
discretion. 

Sec. 4297. Any vessel built, purchased, fitted out in whole or in part, Seizure of ves 
or held for the purpose of being employed in the commission of any ^J.^ tted out or 
piratical aggression, search, restraint, depredation, or seizure, or in the y * 
commission of any other act of piracy, as defined by the law of nations, 
shall be liable to be captured and brought into any port of the United 
States if found apon the high seas, or to be seized if found in any port 
or place within the United States, whether the same shall have actually 
sailed upon any piratical expedition or not, and whether any act of 
piracy shall have been committed or attempted upon or from such vessel 
or not ; and any such vessel may be adjudged and condemned, if cap- 
tured by a vessel authorized as hereinafter mentioned, to the use of the 
United States and to that of the captors, and if seized by a collector, 
surveyor, or marshal, then to the use of the United States. 

Six. 4296. The President is authorized to instruct the commanders of What vessels 
the public armed vessels of the United States, and to authorize the mav be author- 
commanders of any other armed vessels sailing under the authority of ize(1 t0 fleize pi " 
any letters of marque and reprisal granted by Congress, or the com- rale8 ' 



206 

manders of any other suitable vessels, to subdue, seize, take, and, if on 
the high seas, to send into any port of the United States, any vessel or 
boat built, purchased, fitted out, or held as mentioned in the preceding 
section. 
Duties of officers Sec. 4299. The collectors of the several ports of entry, the surveyors 
of customs and f the several ports of delivery, and the marshals of the several judicial 
districts within the United States, shall seize any vessel or boat built, 
purchased, fitted out, or held as mentioned in section forty-two hun- 
dred and ninety-seven, which may be found within their respective ports 
or districts, and to cause the same to be proceeded against and disposed 
of as provided by that section. 

Title 70, Chap. 1. Sec. 5323. Every person who knowingly aids, abets, causes, procures, 

— — commands, or counsels another to commit any murder, robbery, or other 

fore C tliTfact to P irac y upon the seas, is an accessory before the fact to such piracies, 

piracy, &c. and every such person being thereof convicted shall suffer death. 

^ Accessory after Sec. 5324. Every person who receives or takes into custody any ves- 

tbe fact to rob- g^ goods, or other property feloniously taken by any robber or pirate 

ery or piracy. a g a i n8 t the laws of the United States, knowing the same to have been 

feloniously taken, and every person who, knowing that such pirate or 

robber has done or committed any such piracy or robbery, on the land 

or at sea, receives, entertains, or conceals any such pirate or robber, is 

an accessory after the fact to such robbery or piracy. [See § 5533.] 

Title 70, Chap. 3. g EC> 5368. Every person who, on the high seas, commits the crime of 

Piracy under piracy as defined by the law of nations, and is afterward brought into 

the law of na-or found in the United States, shall suffer death. [See §§ 5323-5333.] 

tions. 

Seaman laying Sec. 5369. Every seaman who lays violent hands upon his commander, 
violent hands on thereby to hinder and prevent his fighting in defense of his vessel or the 

is comman er. g 00( j g intrusted to him, is a pirate, and shall suffer death. 
th E< h^h ry UP ° n ^ E0 * 5370. Every person who, upon the high seas, or in any open 
e ig seas. r0 adstead, or in any haven, basin, or bay, or in any river where the sea 
ebbs and flows, commits the crime of robbery, in or upon any vessel, or 
upon any ship's company of any vessel, or the lading thereof, is a pirate, 
and shall suffer death. 
Robbery on Sec. 5371. Every person engaged in any piratical cruise or enterprise, 
shore by crew of or being of the crew of any piratical vessel, who lands from such vessel 
piratical vessel. an( j on s ]3 0re commits robbery, is a pirate, and shall suffer death. 

Murder, &c, Sec. 5372. Every person who commits upon the high seas, or in any 
upon the high r j verj harbor, basin, or bay, out of the jurisdiction of any particular 
State, murder or robbery, or any other offense which, if committed 
within the body of a county, would be punishable with death by the 
laws of the United States, is a pirate, and shall suffer death. 
Piracy under Sec. 5373. Every citizen who commits any murder or robbery, or any 
color of a com- act of hostility against the United States, or against any citizen thereof, 
foref'o 011 a on ^ oe fl *Sh seas > under color of any commission from any foreign prince, 

'or state, or on pretense of authority from any person, is, notwithstand- 

ing the pretense of such authority, a pirate, and shall suffer death. 
Piracy by sub- Sec. 5374. Every subject or citizen of any foreign state, who is found 
jects or ^citizens an( j taken on the sea making war upon the United States, or cruising 
a oreigns a e. a g a j ns |- ^q vessels and property thereof, or of the citizens of the same, 
contrary to the provisions of any treaty existing between the United 
States and the state of which offender is a citizen or subject, when by 
such treaty such acts are declared to be piracy, is guilty of piracy, and 
shall suffer death. 
Piracy in con- Sec. 5375. Every person who, being of the crew or ship's company of 
fining or detain- an y foreign vessel engaged in the slave-trade, or being of the crew or 
^oard^essds. ° U ship's company of any vessel owned wholly or in part, or navigated for 
or in behalf of any citizen, forcibly confines or detains on board such 
vessel any negro or mulatto, with intent to make such negro or mulatto 
a slave, or, on board such vessel, offers or attempts to sell, as a slave, 
any negro or mulatto, or on the high seas, or anywhere on tide-water, 
transfers or delivers to any other vessel any negro or mulatto with in- 
tent to make such negro or mulatto a slave, or lands or delivers on 
shore from on board such vessel any negro or mulatto with intent to 
make sale of, or having previously sold such negro or mulatto as a slave, 
is a pirate, and shall suffer death. [See §§ 5525, 5551-5560, Slave- 
Trade.] 



207 

Sec. 5376. Every person who, being of the crew or ship's company of. Piracy in land- 
any foreign vessel' engaged in the slave-trade, or being of the crew or ^Yoe^on' & q' 
ship's company of any vessel, owned in whole or in part, or navigated f ^^ shoref* 
for, or in behalf of, any citizen, lauds from such vessel, and, on auy for- 
eign shore, seizes auy negro or mulatto with intent to make such negro 
or~mulatto a slave, or decoys, or forcibly brings, or carries, or receives 
such negro or mulatto ou board such vessel, with like intent, is a pirate, 
and shall suffer death. 

Sec. 5383. Every captain, other officer, or mariner, of a vessel on the Running away 
high seas, or on any other waters within the admiralty and maritime Wlth . or y iel( ling 
jurisdiction of the United States, who piratically or feloniously runs ^ ^ e 
away with such vessel, or with any goods or merchandise thereof, to the 
value of fifty dollars, or who yields up such vessel voluntarily to any 
pirate, shall be fined not more' than ten thousand dollars, or imprisoned 
at hard labor not more than ten years, or both. 

Sec. 53S4. If any person attempts or endeavors to corrupt any com- Confederating, 
mauder, master, officer, or mariner to yield up or to run away with any &c, with pirates, 
vessel, or with any goods, wares, or merchandise, or to turn pirate, or to 
go over to or confederate with pirates, or in any wise to trade with any 
pirate, knowing him to be such, or furnishes such pirate with any am- 
munition, stores, or provisions of any kind, or fits out any vessel know- 
ingly and with a design to trade with, supply, or correspond with any 
pirate or robber upon the seas ; or if any person cousults, combines, 
confederates, or corresponds with any pirate or robber upon the seas, 
knowing him to be guilty of any piracy or robbery ; or if any seaman 
confines the master of any vessel, he shall be imprisoned not more than 
three years, and fined not more than one thousand dollars. 

Sec. 5533. Every accessory after the fact to murder, robbery, or piracy, Title 70, Chap. 8. 
shall be imprisoned not more than three years, and fined not more than Accessorv after 
five hundred dollars. [See § 5324.] the fact to mur- 

der, robbery, or 
piracy. 

POSTAGE, MAIL-MATTEK, &C. 

MAIL-MATTER. 



Sec. 

357-J. Kate of postage on newspapers. 

3573. Extra postage prohibited. 

3575. Division of mail-matter. 

3~70. First-class matter. 

3-77. Second-class matter. 

357~. Third-class matter. 

3?7y. Limit of weight of mail-package. 

3551. Wrapping and securing matter. 

3882. Removing wrappers. 

3883. Newspapers to be dried and in wrappers. 
3557. Inclosing letters in printed matter ; penalty. 
3890. Detaining letters : penalty. 

3391. Detaining, opening, or destroying letters , 

penalty. 
350-2. Intercepting or secreting letters ; penalty. 
3-03. Obscene books, <fcc, not mailable. 
3896. Prepayment by stamps. 
3-97. Third-class matter. 
3898. Disposal of partly paid and unpaid letters. 



Sec. 

3900. Postage to be paid before delivery. 

3901. Box-rents to be prepaid. 

3902. Unpaid soldiers' and sailors' letters. 

3903. Postage on letters and letter-matter. 

3904. Drop-letter postage. 

3905. Postage on regular printed matter. 

3906. Certain postage to be paid .quarterly. 

3910. Postage on transient, &c, matter. 

3911. Clothing to soldiers by mail. 

3912. Postage on foreign mail-matter. 

3913. Postage on irregular sea-letters. 
3976. Vessels carrying mails. 

. Postage on newspapers and periodicals. 

. Mailable matter of the third class. 

. Postage on public documents. 

. Privileges of ex-members and ex-delegates. 

. Congressional Record. 

. Seeds and Agricultural Reports. 



Sec. 3572. The rate of postage on newspapers, excepting weeklies, Title 4fi, Chap. 2. 
periodicals not exceeding two ounces in weight, and circulars, when the Rate of postage 
same are deposited in a letter-carrier office for delivery by the office or n newspapers, 
its carriers, shall be uniform at one cent each; but periodicals weighing 
more than two ounces shall be subject to a postage of two cents each, 
and these rates shall be prepaid by stamps. 

Sec. 3573. No extra postage or carriers' fees shall be charged or col- ^carrier^ 8 */ 56 
lected upon any mail-matter collected or delivered by carriers. prohfbited. 8 G68 

Sec. 3575. Mailable matter shall be divided into three classes: 

First. Letters. 

Second. Regular printed matter. 

Third. Miscellaneous matter. 

Sec. 3876. Mailable matter of the first class shall embrace all corre- 
spondence, wholly or partly in writing, except book-manuscripts and 
corrected proof-sheets passing between authors and publishers. 



Title 46, Chap. 3. 

Division of 
mail-matter. 

First-class mat- 
ter. 



208 

Second-class Sec. 3877. Mailable matter of the second class shall embrace all mat- 
matter \ ter exclusively in print, and regularly issued at stated periods from a 

known office of publication, without addition by writing, mark, or sign. 
Third-class s ECt 3^78. Mailable matter of the third class shall embrace all pain- 
matter, phlets, occasional publications, transient newspapers, magazines, hand- 
bills, posters, unsealed circulars, prospectuses, books, book-manuscripts, 
proof-sheets, corrected proof-sheets, maps, prints, engravings, blanks, 
flexible patterns, samples of merchandise not exceeding twelve ounces 
in weight, sample cards, phonographic paper, letter envelopes, postal 
envelopes and wrappers, cards, plain and ornamental paper, photo- 
graphic representations of different types, seeds, cuttings, bulbs, roots, 
scions, and all other matter which may be declared mailable by law, 
and all other articles not above the weight prescribed by law, which are 
not, from their form or nature, liable to destroy, deface, or otherwise 
injure the contents of the mail-bag or the person of any one engaged in 
the postal service. All liquids, poisons, glass, explosive materials, and 
obscene books shall be excluded from the mails. All matter of the 
thrd class,. excepting books and other printed matter, book-manu- 
scripts, proof-sheets, and corrected proof-sheets, packages of seeds, cut- 
tings, bulbs, roots, and scions, shall not exceed twelve ounces in weight, 
and packages of seeds, cuttings, bulbs, roots, and scions, shall not ex- 
ceed four pounds in weight ; and all matter of the third class shall be 
subject to examination and to rates of postage as hereinafter provided. 
Samples of metals, ores, and mineralogical specimens shall not exceed 
twelve ounces in weight, and shall be subject to examination aud to 
rates of postage as hereinafter provided. [See March 3, 1875.*] 
Limit of tv eight Sec. 3879. No package weighing more than four pounds shall be re- 
of mail-package, ceived for conveyance by mail, except books published or circulated by 
order of Congress. 
Wrapping and Sec. 3881. The Postmaster-General may prescribe by regulation the 
securing matter. manner f wrapping and securing for the mails all matter not charged 
with letter-postage, so that it may be conveniently examined by post- 
masters 5 and if not so wrapped and secured, it shall be subject to letter- 
postage. 

Sec. 3882. Postmasters at the office of delivery may remove the wrap- 
pers and envelopes from mail-matter not charged with letter-postage, 
when it can be done without destroying them, for the purpose of ascer- 
taining whether there is upon or connected with any such matter any- 
thing which would authorize or require the charge of a higher rate of 
postage thereon. 
Newspapers to Sec. 3883. No newspapers shall be received to be conveyed by mail 
be dried and in unless they are sufficiently dried and inclosed in proper wrappers. 
^In^Vosmg let- ^ EC " 3887. Any person who shall inclose or conceal any letter, memo- 
ters in printed randum, or other thing in any mail-matter not charged with letter-post- 
matter, penalty, age, or make any writing or memorandum thereon, and deposit or cause 
the same to be deposited for. conveyance by mail at a less rate than 
letter postage, shall, for every such offense, be liable to a penalty of five 
dollars ; and such mail-matter or inclosure shall not be delivered until 
the postage is paid thereon at letter-rates. But no extra postage shall 
be charged for a card printed or impressed upon an envelope or wrapper. 
Detaining let- Sec. 3890. Any postmaster who shall unlawfully detain in his office 
ters ; penalty. any letter or other mail-matter, the posting of which is not prohibited 
by law, with intent to prevent the arrival and delivery of the same to 
the person to whom it is addressed, shall be punishable by a fine of not 
more than five hundred dollars, and by imprisonment for not more than 
six mouths, and he shall be forever thereafter incapable of holding the 
office of postmaster. 
Detaining, Sec. 3891. Any person employed in any department of the postal 
opening, or de- service, who shall unlawfully detain, delay, or open any letter, packet, 
stroying letters ; b^ or ma ii f letters intrusted to him, or which has come into his 
penalty. possession, and which was intended to be conveyed by mail, or carried 

or delivered by any mail-carrier, mail-messenger, route-agent, letter- 
carrier, or other person employed in any department of the postal service, 
or forwarded through or delivered from any post-office or branch post- 
office established by authority of the Postmaster-General ; or who shall 
secrete, embezzle, or destroy any such letter, packet, bag, or mail of 

*A11 mailable matter of the third class may weigh not exceeding four pounds for 
each package thereof, and postage shall be charged thereon at the rate of one cent for 
each two ounces or fraction thereof; but nothing herein contained shall be held to 
change or amend section one hundred and thirty-four of said act. 



209 

letters, although it does not coutain auy security for or assurance relat- 
ing to money or other thing of value, shall be puuishable by a line of 
not more than rive hundred dollars, or by imprisonment for not more 
than one year, or by both. 

Skc. 3892. Any person who shall take any letter, postal card, or packet, Intercepting or 
although it does not contain any article of value or evidence thereof, secreting letters ; 
out of a post-office or branch post-office, or from a letter or mail carrier, P enalt y- 
or which has been iu any post-office or branch post-office or in the cus- 
tody of any letter or mail carrier, before it has been delivered to the 
person to whom it was directed, with a design to obstruct the corre- 
spondence, or pry into the business or secrets of another, or shall secrete, 
embezzle, or destroy the same, shall, for every such offense, be puuish- 
able by a fine of not more than live hundred dollars, or by imprisonment 
at hard labor for not more than one year, or by both. 

Skc. 3893. No obscene, lewd, or lascivious book, pamphlet, picture, obscene books, 
paper, print, or other publication of an iudeceut character, or any article scurrilous and 
or thing designed or intended for the preventiou of concaption or pro- disloyal let . ters ' 
curing of abortion, nor any article or thing intended or adapted for any f^ r8 n ° t mailable • 
indecent or immoral use or nature, nor any written or printed card, penalty, 
circular, book, pamphlet, advertisement, or notice of auy kind giving 
information, directly or indirectly, where, or how, or of whom, or by 
what means either of the things before mentioned may be obtained or 
made, nor auy letter upon the envelope of which, or postal card upon 
which indecent or scurrilous epithets may be written or printed, shall 
be carried iu the mail : aud auy person who shall knowingly deposit, 
or cause to be deposited, for mailing or delivery, auy of the herein- 
before-mentioned articles or things, or any notice or paper containing 
auy advertisement relating to the aforesaid articles or things, and auy 
ptrsou who, iu pursuance of auy plan or scheme for disposing of auy of 
the hereinbefore mentioned articles or things, shall take, or cause to be 
taken, from the mail auy such letter or package, shall be deemed guilty 
of a misdemeanor, aud shall, for every offense, be fined not less than one 
hundred dollars, nor more thau five thousand dollars, or imprisoned at 
hard labor not less than one year nor more thau ten years, or both. 
[See $ 1765, Importations.] 

Sec. 3396. Postage on all mail-matter must be prepaid by stamps at Title 4(5, Chap. 4= 
the time of mailing, uuless hereiu otherwise provided for. Prepayment of 

Skc 3397. All mail-matter of the third class must be prepaid in full postage 
in postage stamps at the office of mailing. ThTrd- class 

Sec. 3898. All mail-matter deposited for mailing, on which one full matter, 
rate of postage has been paid as required by law, shall be forwarded to partly P pafd and 
its destination, charged with auy portion of the proper postage which unpaid letters 
may be unpaid, to be collected on delivery. Bat if any mail-matter, on 
which by law the postage is required to be prepaid at the mailing-office, 
Bhall by inadvertence reach its destination without any prepayment, 
double the prepaid rates shall be charged and collected on delivery. 

Skc. 3900. Xo mail-matter shall be delivered until the postage due Postage to be 
thereon has been paid. P ai(l before de- 

livery. 

SEC. 3901. Xo box at any post-office shall be assigned to the use of .^J: d euts to be 
any person until the rent thereof has been paid for at least one quarter 
in advance, for which the postmaster shall give a receipt. 

Skc. 3902. The Postinaster-Geueral may provide by regulation for Unpaid soldiers' 
transmitting unpaid and duly certified letters of soldiers, sailors, and ^s sailor8 ' le *- 
marines in th^ service of the United States, to their destination. 

Skc. 3903. On all mail-matter which is wholly or partly in writing, Postage on let- 
exeept book-manuscripts and corrected proofs passing between authors matter lettcr ' 
and publishers, and local or drop letters ; on all printed matter which 
is so marked as to convey any other or further information thau is con- 
veyed by the original print, except the correction of mere typographical 
errors: on all matter which is sent in violation of law or the regulations 
of the Department respecting inclosures; on all matter to which no 
specific rate of postage is assigued, postage shall be charged at the rate 
of three cents for each half-ounce or fraction thereof. 

SEC. 3904. Letters commonly known as drop or local letters, delivered D0 ^ t ™£* lefcter 
through the post-office or its carriers, shall be charged with postage at '° C ' 
the rate of two cents where the system of free delivery is established, 
and one cent where such system is not established, for each half-ouuco 
or fi act ion thereof. 

U X L 



210 

Postage on reg- Sec. 3905. On newspapers and other periodical publications, not ex- 

lUar pi mted mat- cee( jj n g f oar ounces in weight, sent from a known office of publication 
to regular subscribers, postage shall be charged at the following rates 
per quarter, namely : On- publications issued less frequently than once 
a week, at the rate of one cent for each issue,* issued once a week, five 
cents; and five cents additional for each issue more frequent than once 
a week. And an additional rate shall be charged for each additional 
four ounces or fraction thereof in weight. [See $ 5, June 23, 1874, infraj 
Certain postage g EC 3906. On newspapers and other periodicals sent from a known 

terly. Pai qUar °ffi ce 0:r * publication to regular subscribers, the postage shall be paid 
before delivery, for not less than one quarter, nor more than one year ; 
which payment may be made either at the office of mailing or delivery, 
commencing at any time; and the postmaster shall account for such 
postage in the quarter in which it is received. 
Postage on Sec. 3910. On mailable matter of the third class, except as herein 

transient, &c., stated, postage shall be charged at the rate of one cent for each two 

matter. ounces or fraction thereof. Double these rates shall be charged for 

books, samples of metals, ores, minerals, and merchandise. [See § 8, 
June 23, 1874, posf] 
Clothing to sol- Sec. 3911. Packages of woolen, cotton, or linen clothing, not exceed- 

diers by mail. ing two pounds in weight, may be sent through the mail to any non- 
commissioned officer or private in the Army of the United States, if pre- 
paid, at the rate of one cent for each one ounce or fraction thereof, sub- 
ject to such regulations as the Postmaster-General m&y prescribe. 
Postage on for- Sec. 3912. The rate of United States postage on mail-matter sent to 

eign mail-matter. or received from foreign countries with w T hich different rates have not 
been established by postal convention or other arrangement, when for- 
warded by vessels regularly employed in transporting the mail, shall 
be ten cents for each half-ounce or fraction thereof on letters, unless 
reduced by order of the Postmaster-General ; two cents each on news- 
papers; and not exceeding two cents per each two ounces, or fraction 
thereof, on pamphlets, periodicals, books, and other printed matter, 
which postage shall be prepaid on matter sent and collected on matter 
received ; and to avoid loss to the United States in the payment of 
balances, the Postmaster-General may collect the unpaid postage on 
letters from foreign countries in coin or its equivalent. 
Postage on ir- Sec. 3913. All letters conveyed by vessels not regularly employed in 

regular sea-let- carrying the mail shall, if for delivery within the United States, be 
s " charged with double postage, to cover the fee paid to the vessel. 

Title Hi, Chap. 0. Sec. 3976. The master of any vessel of the United States bound from 
United States aDy P 0lt therein to auy foreign port, or from any foreign port to any 
vessels to carry port of the United States, shall, before clearance, receive on board and 
mails; oath; securely convey all such mails as the Post-Office Department, or auy 
penalty. diplomatic or consular officer of the United States abroad, shall offer; 

and he shall promptly deliver the same, on arriving at the port of desti- 
nation, to the proper officer, for which he shall receive two cents for 
every letter so delivered ; and upon the entry of every such vessel re- 
turning from any foreign port, the master thereof shall make oath that 
he has promptly delivered all the mail placed on board said vessel be- 
fore clearance from the United States ; and if he shall fail to make such 
oath the vessel shall not be entitled to the privileges of a vessel of the 
United States. [See § 4203, Vessels— Merchant.] 

Act making appropriations for the Post-Office Department for the year 1875. Ap- 
Jnne 23 1874. proved June 23, 1874. 

Pates of post- That on and after the first day of January, eighteen hundred and 
ners and pexiodl- seventy-five, all newspapers and periodical publications mailed from a 
caia. known office of publication or news agency, and addressed to regular 

subscribers or news agents, postage shall be charged at the following 
When deliver- rates : On newspapers and periodical publications, issued weekly and 
ed by carrier, &c. more frequently than once a week, two cents for each pound or fraction 
thereof, and on those issued less frequently than once a week, three 
cents for each pound or fraction thereof. [Sec. 5.] 
Mailable matter That all mailable matter of the third class, referred to in section one 
of the third class, hunted aut [ thirty-three [sec. 3878 E. S.] of the act entitled "An act 
to revise, consolidate, and amend the statutes relating to the Post-Office 
Department," approved Juue eighth, eighteen hundred and seventy- 
two, may weigh not exceeding four pounds for each package thereof, 



211 

and postage shall be charged thereon at the rate of one cent for each 
two* ouuces or fraction thereof. [Sec. 8.] 

That hereafter the postage on public documents mailed by any mem- Postage on pub- 
ber of Cougress, the President, or head of any Executive Department lie documents, 
shall be ten ceuts for each bound volume, and on uubound documents 
the same rate as that on newspapers mailed from a known office of pub- 
lication to regular subscribers; and the words "Public Document" 
written or printed thereon, or on the. wrapper thereof, and certified by Certification, 
the signature of any member of Congress, or by that of the President, 
or head of any Executive Department shall be deemed a sufficient cer- "Public docu- 
tificate that the same is a public document; and the term " public doc- raent " defined. 
nment" is hereby detiued to be all publications printed by order of 
Congress, or either House thereof: Provided, That the postage on each Postageon Con- 
copy of the daily Congressional Record mailed from the city of Wash- sessional Re ■ 
ington as transient matter shall be one cent. [Sec. 13. See act March c 
3, 1875.] 

Act making appropriations for service of tbe Post-Office Department for 1376. Ap- 
proved March 3, 1875. 

That the provisions of section thirteen of the act of June twenty- March 3, 1875. 

third, eighteen hundred aud seventy-four, entitled "An act making - t; ~ z~~ 

■ ■ ,. ,, • -,, ^ , ,-.;*. t-v ±. j? j.i. n n Provisions or s. 

appropriations tor the service ot the Post-Office Department tor the ns- i3 )a ctof June 23, 

cal year ending June thirtieth, eighteeu hundred and seventy-five, aud 1874, to apply to 

for other purposes," shall apply to ex-members of Congress and ex-del- ex-mem b era of 

egates for the period of nine months after the expiration of their terms ^ on S ress - 

as members aud delegates, and postage on public documents mailed by 

such persons shall be as provided in said section. [Sec. 3.] 

That from and after the passage of this act, the Congressional Congressional 
Record or any part thereof, or speeches or reports therein contained, Record, <fcc, may 
shall, under the frank of a member of Congress, or delegate, to be writ- he franked, &c. 
ten by himself, be carried in the mail free of postage, under such regu- 
lations as the Postmaster-General may prescribe ; aud that public doc- 
uments already printed, or ordered to be printed, for the use of either 
House of Congress may pass free through the mails upon the frank of 
any member or delegate of the present Congress, written by himself, 
until the first day of December, anno Domini eighteen hundred and sev- 
euty-tive. [Sec. 5.] 

That seeds transmitted by the Commissioner of Agriculture, or Seeds and agri- 
by any member of Congress or delegate receiving seeds for distribu- cultural reports 
tion from said Department, together with agricultural reports emauat- ±ree - 
ing from that Department, and so transmitted, shall, uuder such regula- 
tions as the Postmaster-General shall prescribe, pass through the mails 
free of charge. And the provisions of this section shall apply to Benefit extend- 
ex-memoers of Congress and ex-delegates for the period of nine months ed to ex- mem 
after the expiration of their terms as members and delegates. [Sec. 7.] hers, &c. 

USING OLD STAMPS. 

Sec. | Sec' 

3924. Removal and re-use by employ6. j 3925. Same by other persons. 

SEC. 3924. If any person employed in any department of the Post- Title 46, Chap. 5. 
Office Establishment of the United States shall willfully aud knowingly Removal a n a 
ose, or cause to be used, in prepayment of postage, any postage-stamp, r e-u se of old 
postal card, or stamped envelope issued, or which may hereafter be stamps by em- 
issued, by authority of any act of Congress, or of the Postmaster-Gene- Pl° v6 ; penalty, 
ral, which has already been once used for a like purpose, or shall re- 
move, or attempt to remove, the canceling or defacing marks from any 
such postage-stamp, or stamped envelope, or postal-card, with intent to 
use or cause the use of the same a second time, or to sell, or offer to sell, 
the same, or shall remove from letters or other mail matter deposited in 
or received at a post-office the stamps attached to the same in payment 
of postage, with intent to use the same a second time for a like purpose, 
or to sell, or offer to sell, the same, every such offender shall be deemed 
guilty of felony, and shall be imprisoned for not less than one year nor 
more than three years. 

Six. 3925. If any person, although not employed in any department The same by 
of the Post-Office Establishment, shall commit any of the offenses de- Persons *n o t in 
scribed in the preceding section, every such person shall be deemed \\ t ° ce em " 

* Made one ounce by act of March 3, 1875. 



212 



guilty of a misdemeanor, and be punishable by imprisonment for not 
less than six mouths nor more than one year, or by a fine of not less 
than oue hundred dollars nor more than five hundred dollars, for each 
offense, or by both.. 

REGISTERED LETTERS. 



Sec. 

3926. System of registration. 

3927. Registered matter and fees. 



Sec. 

3928. Receipt for delivery of registered matter. 



Title 46, Chap. 6. Sec. 3926. For the greater security of valuable mail-matter, the Post- 
S tern of reov master-General may establish a uniform system of registration. But 
istvation author- the Post-Office Department or its revenue shall not be liable for the loss 
of any mail-matter on account of its having been registered. 

Sec. 3927. Mail-matter shall be registered only on the application of 
the party posting the same, and the fee therefor shall not exceed twenty 
cents in addition to the regular postage, to be, in all cases, prepaid ; and 
all such fees shall be accounted for in such manner as the Postmaster- 
General shall direct. But letters upon the official business of the Post- 
Office Department which require registering shall be registered free of 
charge, and pass through the mails free of charge. 

Sec. 3928. A receipt shall be taken upon the delivery of any regis- 



ized. 

Registered mat- 
ter and fees. 



Receipt for de- 



te\^Ymatter? S1S " t ere< l mail-matter, showing to whom and when the samewas delivered, 
which shall be returned to the sender, and be received in the courts as 
prima-facie evidence of such delivery. 



DEAD AND RETURNED LETTERS. 



Sec. 

3936. Return of undelivered letters. 

3937. Unpaid letters to dead-letter office. 

3938. Proceeds of -valuable dead letters. 



Sec. 

3939. Request to be returned. 

3940. Forwarding letters to another office. 



to dea d-1 
office. 



Title 46, Chap. 7. Sec. 3936. The Postmaster-General may regulate the period during 

— - which undelivered letters shall remain in any post-office, and when they 

Return of un- shall be returned to the dead-letter office ; and he may make regulations 

delivered letters. f or their return from the dead-letter office to the writers, when they can- 
not be delivered to the parties addressed. 
Unpaid letters Sec. 3937. All domestic letters deposited in any post-office for mail- 
ing, on which the postage is wholly unpaid or paid less than one full 
rate a3 required by law, except letters lawfully free, and duly certified 
letters of soldiers, sailors, and marines in the service of the United 
States, shall be sent by the postmaster to the dead-letter office in Wash- 
ington. But in large cities and adjacent districts of dense population, 
having two or more post-offices within a distance of three milts of each 
other, any letter mailed at one of such offices and addressed to a local- 
ity within the delivery of another of such offices, which shall have been 
inadvertently prepaid at the drop or local letter rate of postage only, 
may be forwarded to its destin ation through the proper office, charged 
with the amount of the deficient postage, to be collected on delivery. 
Proceeds of val- ' Sec. 3938. Dead letters containing valuable inclosures shall be regis- 

uable dead-let- tered in the dead-letter office ; and when they cannot be delivered to the 

tei ' 8 - party addressed nor to the writer, the contents thereof shall be disposed 

of, and a careful account shall be kept of the amount realized in each 
case, which shall be subject to reclamation by either the party addressed 
or the sender, for four years from the registry thereof; and all other let- 
ters of value or of importance to the party addressed or to the writer, 
and which cannot be returned to either, shall be disposed of as the Post- 
master-General may direct. 
Reauest to be ^ ECl 3939. When the writer of any letter on which the postage is pre- 

returned. paid shall indorse upon the outside thereof his name and address, such 

letter shall not be advertised, but after remaining uncalled for at the 
office to which it is directed thirty days, or the time the writer may 
direct, shall be returned to him without additional charge for postage, 
and if not then delivered shall be treated as a dead letter. 
Forwarding let- Sec. 3940. Prepaid letters shall be forwarded from one post-office to 

ters from one of- another, at the request of the party addressed, without additional charge 
for postage. 



fice to another. 



213 



THE MONEY-ORDER SYSTEM. 



Sec. 

403-2. Amount of orders and fees. 

4033. Blank applications for orders. 

4034. Orders to bo on priuted blanks. 
4033. Notice of orders drawn to be sent. 
4036. Orders to be good for one year. 



Sec. 

4037. Indorsement of orders. 

4033. Changes and modification of orders, 

4039. Repayment of orders. 

4040. Replacing lost orders. 

Change in fees for money : orders. 



Sec. 4032. No money-order shall be issued for more than fifty dollars, 
and the fees therefor shall be, for orders not exceeding ten dollars, five Title 46, Chap. 13. 

cents ; exceeding ten and not exceeding twenty dollars, ten cents; ex- * 

ceeding twenty and not exceeding thirty dollars, fifteen cents ; exceed- Amount of or- 
iug thirty and not exceeding forty dollars, twenty cents ; exceeding s s- 

forty dollars, twenty-five cents. [See act of March 3, 1875, infra.'] 

Sec. 4033. The Postmaster-General shall supply money-order offices . Bla " k applica- 
with blank forms of application for money-orders, which each applicant lons or orders - 
shall fill up with his name, the name and address of the party to whom 
the order is to be paid, the amount and the date of the application ; and 
all such applications shall be preserved by the postmaster receiving 
them for such time as the Postmaster-General may prescribe. 

Sec. 4034. The Postmaster-General shall furnish money-order offices Orders to be on 
with priuted or engraved forms for money-orders, and no order shall beP rinted Wanks, 
valid unless it be drawn upon such form. 

Sec. 4035. The postmaster issuing a money-order shall send a notice Notice of orders 
thereof by mail, without delay, to the postmaster on whom it is drawn, drawn to be sent. 

Sec. 4036. No money-order 'shall bo valid and payable unless pre- Order to bo good 
sented to the postmaster on whom it is drawn within one year after its one y ear - 
date ; but the Postmaster-General, on the application of the remitter or 
payee of any such order, may cause a new order to be issued in lieu 
thereof. 

Sec. 4037. The payee of a money-order may, by his written indorse- Indorsement of 
ment thereon, direct it to be paid to any other person, aud the post- orders - 
master on whom it is drawn shall pay the same to the person thus desig- 
nated, provided he shall furnish such proof as the Postmaster-General 
may prescribe that the indorsement is genuine, and that he is the person 
empowered to receive payment; but more than one indorsement shall 
render an order invalid aud not payable, and the holder, to obtain pay- 
ment, must apply in writing to the Postmaster-General for a new order 
in lieu thereof, returning the original order, and making such proof of 
the genuineness of the indorsements as the Postmaster-General may 
require. 

Sec. 4038. After a money-order has been issued, if the purchaser de- Changes and 
sires to have it modified or changed, the postmaster who issued the mollification of 
order shall take it back aud issue another in lieu of it, for which a new orders - 
fee shall be exacted. 

Sec. 4039. The postmaster issuing a money-order shall repay the Repayment of 
amount of it upon the application of the person who obtained it, and or els * 
the return of the order ; but the fee paid for it shall not be returned. 

Sec. 4040. Whenever a money-order has been lost, the Postmaster- Replacing lost 
General, upon the application of the remitter or payee of such order, may or< els " 
cause a duplicate thereof to be issued, without charge, providing the 
party losing the original shall furnish a certificate from the postmaster 
by whom it was payable that it has not been, aud will not thereafter be, 
paid ; and a similar certificate from the postmaster by whom it was 
issued that it has not been, and will not thereafter be, repaid. 

Legislative, executive, and judicial appropriation bill for 1876. 

That ou and after the first day of July, eighteen hundred and seventy- March 3, 1875. 

five, the fees on money-orders shall be, for orders not exceeding fifteen ■ 

dollars, ten cents; exceeding fifteen, aud not exceeding thirty dollars, Fees on money- 
fifteen cents; exceeding thirty and not exceeding forty dollars, twenty 
cents: exceeding forty and not exceeding fifty dollars, twenty-five 
cents: and no money-order shall be issued for a sum greater than fifty 
dollars. 

Approved March 3, 1875. 



214 



POSTAL CRIMES. 



Sec. 

5472. Robbery of tho mail. 

5473. Attempting to rob the mail. 

5474. Deserting the mail. 

5475. Stealing post-office property. 

5476. Injuring mail-bags, &c. 

5534. Accessory to robbery of the mail. 

5535. Accessory to stealing mail matter. 



Sec. 

5467. Embezzlement, &c, of letters containing 

inclosures. 

5468. Meaning of words " intended to be conveyed 

by mail." 

5469. Stealing or fraudulently obtaining mail, 

opening valuable letters, &c. 

5470. Receiving articles stolen from the mail. 

5471. Stealing, detaining, or destroying newspa- 

pers. 

Title 70, Chap. 5. Sec. 5467. Any person employed in any department of the postal 
Embezzlement sery i ce wno shall secrete, embezzle, or destroy any letter, packet, bag, 
&c, of letters 01 * mail of letters intrusted to him, or which shall come into his pos- 
containinginclos- session, and which was intended to be conveyed by mail, or carried or 
ures - delivered by any mail-carrier, mail-messenger, route-agent, letter-car- 

rier, or other person employed in any department of the postal service, 
or forwarded through or delivered from any post-office or branch post- 
office established by authority of the Postmaster-General, and which 
shall contain any note, bond, draft, check, warrant, reveuue-stamp, post- 
age-stamp, stamped envelope, postal card, money-order, certificate of 
stock, or other pecuniary obligation or security of the Government, or 
of any officer or fiscal agent thereof, of any description whatever ; any 
hank-note, bank post-bill, bill of exchange, or note of assignment of 
stock in the funds; any letter of attorney for receiving annuities or div- 
idends, selling stock in the funds, or collecting the interest thereof; any 
letter of credit, note, bond, warrant, draft, bill, promissory note, cove- 
nant, contract, or agreement whatsoever, for or relating to the payment 
of money, or the delivery of any article of value, or the performance of 
any act, matter, or thing ; any receipt release, acquittance, or discharge 
of or from any debt, covenant, or demand, or any part thereof; any 
copy of the record of any judgment or decree in any court of law or 
chancery or any execution which may have issued thereon ; any copy of 
any other record, or any other article of value, or writing representing 
the same; any such person who shall steal or take any of the things 
aforesaid out of any letter, packet, bag, or mail of letters which shall 
have come into his possession, either in the regular course of his official 
duties or in any other manner whatever, and provided the same shall 
not have been delivered to the party to whom it was directed, shall be 
punishable by imprisonment at hard labor for not less than one year nor 
more than five years. 
Meaning; of Sec 5468. The fact that auy letter, packet, bag, or mail of letters has 
words "intended been deposited in any post-office or branch post-office established by 
to be conveyed by authority of the Postmaster-General, or in any other authorized deposi- 
mail." tory for mail-matter, or in charge of any postmaster, assistant, clerk, 

carrier, agent, or messenger employed in any department of the postal 
service, shall be evidence that the same was " intended to be conveyed 
by mail" within the meaning of the two preceding sections. 
Stealing or Sec. 5469. Any person who shall steal the mail, or steal or take from 
fraudulently ob- or out of any mail or post-office, branch post-office, or other authorized 
tai ning mail, depository for mail-matter, any letter or packet ; any person who shall 
letters S &c. aa ° ta ^ e tne ma 'l> or au y letter or packet therefrom, or from any post-office, 
branch post-office, or other authorized depository for mail-matter, with 
or without the consent of tho person having custody thereof, and open, 
embezzle, or destroy any such mail, letter, or packet which shall contain 
any note, bond, draft, check, warrant, revenue-stamp, postage-stamp, 
stamped envelope, money-order, certificate of stock, or other pecuniary 
obligation or security of the Government, or of any officer or fiscal agent 
thereof, of any description whatever ; any bank-note, bank post-bill, 
bill of exchange, or note of assignment of stock in the funds; any letter 
of attorney for receiving annuities or dividends, selling stock in the 
funds, or collecting the interest thereof; any letter of credit, note, bond, 
warrant, draft, bill, promissory note, covenant, colitract, or agreement 
whatsoever, for or relating to the payment or the delivery of any article 
of value, or the performance of any act, matter, or thing ; any receipt, 
release, acquittance, or discharge of or from any debt, covenant, or de- 
mand, or auy part thereof; any copy of the record of any judgment or 
decree in any court of law or chancery, or auy execution which may have 
issued thereon ; any copy of any other record, or any other article of 
value, or any writing representing the same ; any person who shall, by 
fraud or deception, obtain, from any person having custody thereof, any 



215 

such mail, letter, or packet containing any such article of value shall, 
although not employed iu the postal service, be puoishable by impris- 
onment at hard labor for not less than one year and not more than live 
years. [See § 5535.] 

Sec. 5470. Any person who shall buy, receive, or conceal, or aid iu Receiving arti- 
iraying, receiving, or concealing, any note, boud, draft, check, warrant, ^ es stolen from 
revenue-stamp, postage-stamp, stamped envelope, postal card, money- ie mai • 
order, certificate of stock, or other pecuniary obligation or security of 
the Government, or of any officer or fiscal agent thereof, of any descrip- 
tion whatever : any bank-note, bank post-bill, bill of exchange, or note 
of assignment of slock in the funds; any letter of attorney for receiv- 
ing annuities or dividends, selling stock in the funds, or collecting the 
interest thereof; any letter of credit, note, bond, warrant, draft, bill, 
promissory note, covenant, contract, or agreement whatsoever, for or 
relating to the payment of money or the delivery of any article of value, 
or the performance of any act, matter, or thiug ; any receipt, release, 
acquittal, or discharge of or from any debt, covenant, or demaud, or any 
part thereof: any copy of the record of any judgment or decree in auy 
court of law or chancery,or any execution which may have issued thereon 
any copy of any other record, or any other article of value or writing 
representing the same, kuowiug any such article or thing to have been 
stolen or embezzled from the mail, or out of auy post-office, branch post- 
office, or other authorized depository for mail-matter, or from any person 
having custody thereof, t-hall be punishable by a fiue of not more than 
two thousand dollars, and by imprisonment at hard labor for not more 
than five years. 

Sec. 5471. Auy person employed in any department of the postal serv- Stealing, de- 
ice who shall improperly detain, delay, embezzle, or destroy any news- taining, or de- 
paper, or permit any other person to detain, delay, embezzle, or destroy ^££l^ S news ' 
the same, or open, or permit auy other person to open, any mail or pack- 
age of newspapers not directed to the office where he is employed, shall 
be punishable by a fine of not more than fifty dollars. And if any other 
person shall open, embezzle, or destroy auj^ mail or package of news- 
papers not being directed to him, and he not being authorized to open 
or receive the same, he shall be punishable by a fiue of not more than 
twenty dollars. And any person who shall take or steal any mail or 
package of newspapers from any post-office, or from any person having 
custody thereof, shall be imprisoned at hard labor for not more than 
three mouths. 

Sec. 5472. Any person who shall rob any carrier, agent, or other per- Robbery of the 
son intrusted with the mail, of such mail, or any part thereof, shall be niail - 
punishable by imprisonment at hard labor for not less than five years 
and not more than ten years ; and if convicted a second time of a like 
offense, or if, iu effecting such robbery the first time, the robber shall 
wound the person having custody of the mail, or put his life iu jeop- 
ardy by the use of dangerous weapons, such offeuder shall be punish- 
able by imprisonment at hard labor for the term of his natural life. 
[See $ 5634.] 

Sec. 5473. Any person who shall attempt to rob the mail by assault- Attempting to 
ing the person having custody thereof, shooting at him or his horse, or rou the mail. 
threatening him with dangerous weapons, and shall not effect such rob- 
bery, shall be punishable by imprisonment at hard labor for not less 
than two years and not more than ten years. 

Sec. 5474. Any person who shall have taken charge of the mail and Deserting the 
shall voluntarily quit or desert the same before he has delivered it into mail# 
the post-office at the termination of the route, or to some knowu mail- 
carrier, messenger, ageut, or other employe of the Post-Office Depart- 
ment authorized to receive the same, shall be punishable by a fiue of not 
more than five huudred dollars, and by imprisonment for not less than 
three months nor more than one year. 

Sec. 5475. Any person who shall steal, purloin, or embezzle any mail- Stealing post- 
bag or other property in use by or belonging to the Post-Office Depart- oftice property. 
ment, or who shall, for any lucre, gain, or convenience, appropriate any 
sueh property to his own or auy other than its proper use, or who shall, 
for any lucre or gain, convey away any such property to the hinderance 
or detriment of the public service; if the value of the property be 
twenty-rive dollars or more, the offender shall be punishable by impris- 
onment at hard labor for not more than three years, and if the value of 
the property be less than twenty-five dollars, the offender shall be pun- 
ishable by imprisonment for not more than one year, or by a fine of not 
less than ten dollars and not more than two huudred dollars. 



216 



Injuring mail- 
bags, &c. 



Sec. 5476. Any person who shall tear, cut, or otherwise injure auy 
mail-bag, pouch, or other thing used or designed for use in the convey- 
ance of the mail, or who shall draw or break auy staple, or loosen any 
part of auy lock, chain, or strap attached thereto, with intent to rob or 
steal any such mail, or to render the same insecure, shall be punishable 
by a fine of not less than one hundred dollars and not more than five 
hundred, or by imprisonment at hard labor for not less than one year 
and not more than three years. 

Sec. 5534. Every accessory after the fact to any robbery of the carrier, 

~r -— — agent, or other person intrusted with the mail, of such mail or of any 

robbery c^/the* P art thereof, shall be fined uot more than two thousand dollars, and be 
mail. imprisoned at hard labor not more than ten years. 

Accessory to Sec. 5535. Every accessory after the fact to the offense of stealing or 
stealing mail- taking any letter, or other mail-matter, or any iuclosnre therein, shall 
matter. ^ e fined n ot more than one thousand dollars, and be imprisoned not 

more than five years. [See §§ 5467, 5469, 5471.] 



Title 70, Chap. 



PRESENTS. 

See Bribes. 



PRESIDENT AND VICE-PRESIDENT. 



Sec. 

131. Time of appointing electors. 

132. Number of electors. 

133. Vacancies in electoral college. 

134. Failure to make a cboice on tbe appointed 

day. 

135. Meetiug of electoral college. 

136. List of names of electors to be furnisbed to 

tbem. 

137. Manner of voting. 

133. Certificates to be made and signed, 

139. Certificates to be sealed and indorsed. 

140. Transmission of tbe certificates. 

141. When Secretary of State sball send for dis- 

trict judge's' list. 

142. Counting the electoral votes in Congress. 

143. Provision for absence of President of tbe Sen- 

ate. 



Title 3, Chap. 



Sec. 

144. Mileage of messengers. 

145. Forfeiture for messenger's neglect of duty. 

146. Vacancy in both offices. 

147. Notification of vacanciea to be publisbed. 

148. Requisites of tbe notification. 

149. Time of holding election to fill vacancy. 

150. Regulations for quadrennial election made ap- 

plicable to election to fill vacancies. 

151. Resignation or refusal of office. 

152. Commencement of term of office. 

153. President's salary. 

154. Vice-President's salary. 

155. Officers of the President's household. 

156. Duties or the steward. 

157. The steward's bond: 

1829. Furniture for President's House. 



Sec. 131. Except in case of a presidential election prior to the ordi- 
; nary period, as specified in sections oue hundred and forty-seven to one 
. T j ra ®°f a PP omt 'hundred and forty-nine, inclusive, when the offices of President and 
ing e ec ois. Vice-President both become vacant, the electors of President and Vice- 
President shall be appointed, in each State, on the Tuesday next after 
the first Monday in November, in every fourth year succeeding every 
election of a President and a Vice-President. 
Number of elect- Sec. 132. The number of electors shall be equal to the number of 
ors. Senators and Representatives to which the several States are by law 

entitled at the time when the President and Vice-President to be chosen 
come into office ; except, that where no apportionment of Representa- 
tives has been made after any enumeration, at the time of choosing 
electors, the number of electors shall be according to the then existing 
apportionment of Senators and Representatives. 
Vacancies in Sec. 133. Each State may, by law, provide for the filling of any 
electoral college, vacancies which may occur iu its college of electors when such college 

meets to give its electoral vote. 
Failure to make Sec. 134. Whenever any State has held an election for the purpose 
a choice on the of choosing electors, and has failed to make a choice on the day pre- 
appointed day. scribed by law, the electors may be appointed on a subsequent day iu 

such a manner as the legislature of such State may direct. 
Meeting of elect- Sec. 135. The electors for each State shall meet and give their votes 
oral college. upon the first Weduesday in December in the year in which they are 

appointed, at such place, in each State, as the legislature of such State 
shall direct. 
List of names Sec. 136. It shall be the duty of the executive of each State to cause 
of electors to be three lists of the names of the electors of such State to be made and 
then? certified, and to be delivered to the electors on or before the day on 

which they are required, by the preceding section, to meet. 
Manner of vot- Sec. 137. The electors shall vote for President and Vice-President, 
ing. respectively, in the manner directed by the Constitution. 

Certificates to be Sec. 138. The electors shall make and sign three certificates of all the 
made and signed, votes given by them, each of which certificates shall contain two dis- 



217 

tiuct lists, one of the votes for President, and the other of the votes for 
Vice-President, and shall annex to each of the certificates one of the 
lists of the electors which shall have been furnished to theai by direc- 
tion of the executive of the State. 

Sec. 139. The electors shall seal up the certificates so made by them, Certificates to 
and certify upon each that the lists of all the votes of such State given J° sealed a"d in- 
fur President, and of all the votes given for Vice-President, are contained orse ' 
therein. 

Sec. 140. The electors shall dispose of the certificates thus made by Transmission of 
them in the following manner: the certificates. 

One. They shall, by writing under their hands, or under the hands of 
a majority of them, appoint a person to take charge of and deliver to 
the President of the Senate, at the seat of Government, before the first 
"Wednesday in January then next ensuing, one of the certificates. 

Two. They shall forthwith forward by the post-office to the President 
of the Senate, at the seat of Government, one other of the certificates. 

Three. They shall forthwith cause the other of the certificates to be 
delivered to the judge of that district in which the electors shall assem- 
ble. 

Sr.c 141. Whenever a certificate of votes from any State has not been WhenSecretary 
received at the seat of Government on the first Wednesday of January of State shall 
indicated by the preceding section, the Secretary of State shall send a ? e " d for district 
special messenger to the district judge in whose custody one certificate JU( ges 1S 
of the votes from that State has been lodged, and such judge shall forth- 
with transmit that list to the seat of Government. 

Sec. 142. Congress shall be iu session on the second Wednesday in Counting the 
February succeeding every meeting of the electors, and the certificates, electoral^ votes in 
or so many of them as have been received, shall then be opened, the ou § le3:5 • 
votes counted, and the persons to fill the offices of President and Vice- 
President ascertained and declared, agreeable to the Constitution. 

Sec 143. In case there shall be no President of the Senate at the Provision for al>- 
seat of Government on the arrival of the persons intrusted with the sence of Presi- 
certificates of the votes of the electors, then such persons shall deliver ^ ot tue S<3U " 
such certificates into the office of the Secretary of State, to be safely 
kept, and delivered over as soon as may be to the President of the 
Senate. 

Sec. 144. Each of the persons appointed by the electors to deliver Mileage of nies- 
thc certificates of votes to the President of the Senate shall be allowed, sengers. 
on the delivery of the list intrusted to him, twenty-five cents for every 
mile of the estimated distance, by the most usual road, from the place 
of meeting of the electors to the seat of Government of the United 
States. 

Sec. 145. Every person who, having been appointed, pursuant to Forfeiture for 
subdivision one of section one hundred and forty or to section one n ^ se p^ ei . ^ nes " 
hundred and forty-one, to deliver the certificates of the votes of the ec ° u 5 ' 
electois to the President of the Senate, and having accepted such ap- 
pointment, shall neglect to perform the services required of him, shall 
forfeit the sum of one thousand dollars. 

Sec. 146. In case of removal, death, resignation, or inability of both Vacancy in both 
the President aud Vice-President of the United States, the President offices, 
of the Senate, or, if there is none, then the Speaker of the House of 
Eepresentatives. for the time being, shall act as President until the dis 
ability is removed or a President elected. 

. 147. Whenever the offices of President and Vice-President both Notification of 
become vacant, the Secretary of State shall forthwith cause a notifica- vacancies to be 
tion thereof to be made to the executive of every State, aud shall also published. 
cause the same to be published iu at least one of the newspapers printed 
in each State. 

Sec 148. The notification shall specify that electors of a President Requisites of 
and Vice-President of the United States shall be appointed or chosen in tne notification, 
the several States, as follows : 

First. W there shall be the space of two months yet to ensue between 
the date of such notification and the first Wednesday in December then 
next ensuing, such notification shall specify that' the electors shall 
be appointed or chosen within thirty-four days preceding such first 
Wednesday in December. 

hd. If there shall not be the space of two months between the 
date of such notification and such first Wednesday in December, and if 
the term for which the President and Vice-President last in office were 
elected will not expire on the third day of March next ensuing, the 



218 

notification shall specify that the electors shall be appointed or chosen 
within thirty-four days preceding the first Wednesday in December in 
the year next ensuing. But if there shall not be the space of two 
months between the date of such notification and the first Wednesday 
iu December then next ensuing, aud if the term for which the President 
and Vice-President last in office were elected will expire on the third 
day of March next ensuing, the notification shall not specify that elect- 
ors are to be appointed or chosen. 
Time of holding Sec. 149. Electors appointed or chosen upon the notification pre- 
cancy 11 " scribed by the preceding section shall meet and give their votes upon 

the first Wednesday of December specified in the notification. 
Regulations for S ec. 150 . The provisions of this Title, relating to the quadrennial 
Son made app e H- election of President and Vice-President, shall apply with respect to 
cable to election any election to fill vacancies in the offices of President and Vice-Presi- 
to fill vacancies, dent, held upon a notification given when both offices become vacant. 

Resignation or Sec. 151. The only evidence of a refusal to accept, or of a resignation 

refusal of office. f the office of President or Vice-President, shall be an instrument 

in writing, declaring the same, and subscribed by the person refusing 

to accept or resigning, as the case may be, and delivered into the office of 

the Secretary of State. 

Title 3, Chap. 2. Sec. 152. The term of four years for which a President and Vice- 
c President shall be elected, shall, in all cases, commence on the fourth 

of term of office. ^' d J °f March next succeeding the day on which the votes of the electors 
have been given. 
President's sal- Sec. 153. The President shall receive in full for his services during 
ary. the term for which he shall have been elected the sum of fifty thousand 

dollars a year, to be paid monthly, and shall be entitled to the use of the 
furniture and other effects belonging to the United States and kept in 
the Executive Mansion. [See § 1829.] 
Vice-President's Sec. 154. The Vice-President shall receive in full for his services 
salary. during the term for which he shall have been elected the sum of ten 

thousand dollars a year, to be paid monthly.* 
Officers of the Sec. 155. The President is authorized to appoint or employ in his 
household e n * ' s official household the following officers : 

One private secretary, at a salary of three thousand five hundred 
dollars a year. 

One assistant secretary, who shall be a short-hand writer, at a salary 
of two thousand five hundred dollars a year. 

Two executive clerks, at a salary of two thousand three hundred dol- 
lars a year each. 

One steward of the President's household, at a salary of two thousand 
dollars a year. 

One messenger, at a salary of one thousand two hundred dollars a 
year. 
Duties of the Sec. 156. The steward of the President's household shall, under the 
steward. direction of the President, have the charge and custody of aud be re- 

sponsible for the plate, furniture, and other public property in the 
President's mansion, and shall discharge such other duties as the Presi- 
dent may assign him. 
The steward's Sec. 157. The steward of the President's household shall, before en- 
tering upon the duties of his office, give a bond to the United States for 
the faithful discharge of his trust. Such bond must be iu such sum as 
the Secretary of the Interior shall deem sufficient, and must be approved 
by him. 

Title 21. Sec. ? 1829. All furniture purchased for the use of the President's House 

_, ., Z shall be, as far as practicable, of domestic manufacture. 

Furniture for ' _ __ 

Presidents * -^-^ eigllt thousand dollars. Whenever there is no Vice-President, the President 
of the Senate, for the time being, is entitled to the salary. 



bond. 



219 
PEISONERS AXD THEIR TREATMENT. 



Sec. 

5409. Allowing prisoners to escape. 

5410. Application of preceding section. 

5536. Expenses for prisoners to be paid by the 

United States. 

5537. Places of confinement. 

553S. Marshal to make provision for safe-keeping 
of prisoners. 

5539. United States convicts in State penitenti- 

aries. 

5540. Selection of a penitentiary where a judicial 

district is divided. 

5541. Sentences to imprisonment for more than a 

year, where to be executed. 

5542. Penitentiary sentences, where to be exe- 

cuted. 



Sec. 

5543. Deductions from term of imprisonment for 
good conduct. 

5544. Application of preceding section. 

5545. Actual reasonable cost of subsisting prison- 
ers to be paid. 

5546. Designation of penitentiary by Attorney- 
General. 

5517. Attorney-General to contract for subsist- 
ence, &c. 

5543. Court may order sentences executed in house 
of correction. 

5549. Confinement of juvenile offenders. 

5550. Attorney-General to contract for their sub- 
sistence, &6. 

Deduction from term of sentence. 

Clothes and money on discharge. 

Sec. 5409. Whenever any marshal, deputy marshal, ministerial officer, Title 70, Chap. 4. 
or other person, has in his custody any prisoner hy virtue of process Allowing pris* 
issued under the laws of the United States by any court, judge, or com- oners to escape, 
missioner. and such marshal, deputy marshal, ministerial officer, or 
other person, voluntarily suffers such prisoner to escape, he shall be fined 
not more than two thousand dollars, or imprisoned for a term not more 
than two years, or both. 

Sec. 5410. The preceding section shall be construed to apply not only Application of 
to cases in which the prisoner who escaped was charged or found guilty pjecedi ng sec- 
of an offense against the laws of the United States, but also to cases in tlon * 
which a prisoner may be in custody charged with offenses against any 
foreign government with which the United States have treaties of ex- 
tradition. 

Sec. 5536. All the expenses attendant upon the transportation from Title 70, Chap. 9. 
place to place, and upon the temporary or permanent confinement of Expenses for 
persons arrested or committed under the laws of the United States, as prisoners to be 
well as upon the execution of any sentence of a court thereof respecting paid by the Unit- 
tbem, shall be paid out of the Treasury of the United States in the ed States. 
mauner provided by law. 

Sec. 5537. In a State where the use of jails, penitentiaries, or other Places of con- 
houses is not allowed for the imprisonment of persons arrested or C om- finemeut - 
mitted under the authority of the' United States, any marshal in such 
State, under the direction of the judge of the district, may hire, or 
otherwise procure, within the limits of such State, a convenient place to 
serve as a temporary jail. 

Sec. 5538. The marshal shall make such other provision as he may Marshal to 
deem expedient and necessary for the safe-keeping of the prisoners ar- ™ n f safe P keeuin" 
rested or committed under the authority of the United States, until f prisoners, 
permanent provision for that purpose is made by law.} 

Sec. 5639. Whenever any criminal, convicted of any offense against United States 
the United States, is imprisoned in the jail or penitentiary of any State con yicts in State 
or Territory, such criminal shall in all respects be subject to the same pemteutiaries * 
discipline and treatment as convicts sentenced by the courts of the 
State or Territory in which such jail or penitentiary is situated; and 
while so confined therein shall be exclusively under the control of the 
officers having charge of the same, under the laws of such State or 
Territory. 

Sec. 5540. Where a judicial district has been or may hereafter be Selection of a 
divided, the circuit and district courts of the United States shall have wtere judicial 
power to sentence any one convicted of an offense punishable by impris- district is divid- 
onment at hard labor to the penitentiary within the State, though it be ed. 
out of the judicial district in which the conviction is had. 

Sec. 5541. In every case where auy person convicted of any offense Sentences to 
against the United States is sentenced to imprisonment for a period imprisonment for 
longer than one year, the court by which the sentence is passed may nioretnau a year, 
order the same to be executed in any State jail or penitentiary within cute d. 
the district or State where such court is held, the use of which jail or pen- 
itentiary is allowed by the legislature of the State for that purpose. 

Sec. 5542. In every case where any criminal convicted of auy offense Penitentiary 
against the United States is sentenced to imprisonment and confinement sentences, where 
to hard labor, it shall be lawful for the court by which the sentence is t0 0e executea - 
passed to order the same to be executed in any State jail or penitentiary 
within the district or State where such court is held, the use of which 
jail or penitentiary is allowed by the legislature of the State for that 
purpose. 



220 

Deductions Sec. 5543. All prisoners who have been, or may be, convicted of any 

from term of im- ff e nse against the laws of the United States, and onrined in auy State 
prisonment for. ., " ., ,. . .. c , -. . , , , J . L . 

good conduct. J n1 ^ or penitentiary in execution of the judgment upon snch conviction, 
who so conduct themselves that no charge for misconduct is sustained 
against them, shall have a deduction of one month in each year made 
from the term of their sentence, and shall be entitled to their discharge 
so. much the sooner, upon the certificate of the warden or keeper of snch 
jail or penitentiary, with the approval of the Attorney-General. [See 
March 3, 1875, post.'] 
Application of Sec. 5544. The preceding section, however, shall apply to such pris- 
preceding sec- oners only as are confined in jails or penitentiaries where no credits for 
tlou - good behavior are allowed ; but, in other cases, all prisoners now or here- 

after confined in the jails or penitentiaries of any State for offenses 
against the United States, shall be entitled to the same rule of credits 
for good behavior applicable to other prisoners in the same jail or peni- 
tentiary. 
Actual reason- Sec. 5545. Hereafter there shall be allowed and paid by the Attorney- 
able cost of sub- General, for the subsistence of prisoners in the custody of any marshal 
sistin- prisoners f t he United States and the warden of the jail in the District of 
o epai . Columbia, such sum only as it reasonably and actually cost to subsist 

them. And it shall be the duty of the Attorney-General to prescribe 
such regulations for the government of the marshals and the warden of 
the jail in the District of Columbia, in relation to their duties under 
this chapter, as will enable him to determine the actual and reasonable 
expense incurred. 
Designation of ^ EC * 5546. All persons who have been, or who may hereafter be, con- 
peuitentiary b y victed of crime, by any court of the United States, whose punishment 
Attorney- G-ene- is imprisonment, in a district or Territory where, at the time of con- 
ra • viction, there may be no penitentiary or jail suitable for the confinement 

of convicts, or available therefor, shall be confined during the term for 
which they have been or may be sentenced in some suitable jail or pen- 
itentiary in a convenient State or Territory, to be designated by the 
Attorney-General, and shall be transported and delivered to the warden 
or keeper of such jail or penitentiary by the marshal of the d strict or 
Territory where the conviction has occurred; and if the conviction be 
had in the District of Columbia, in such case the transportation and 
delivery shall be by the warden of the jail of that District; the reason- 
able actual expense of transportation, necessary subsistence and hire, 
aud transportation of guards and the marshal, or tbe warden of the jail 
in the District of Columbia, only, to be paid by the Attorney-General, 
out of the judiciary fund. But if, in the opinion of the Attorney- 
General, the expense of transportation from auy Srate, Territory, or the 
District of Columbia, in which there is no penitentiary, will exceed the 
cost of maintaining them in jail in the State, Territory, or the District 
of Columbia during the period of their sentence, then it shall be lawful 
so to confine them therein for the period designated in their respective 
sentences. 
Attorney-Gene- Sec - oo4 ~- Tne Attorney-General shall contract with the managers or 
ral to contract for proper authorities having control of such prisoners, for the imprisou- 
subsistence, &c. ment, subsistence, and proper employment of them, and shall give the 
court having jurisdiction of such offenses notice of the jail or peniten- 
tiary where such prisoners Ay ill be confined. 
Court may or- ^ec. 554g - Whenever any person is convicted of any offense against 
der sentences the United States which is punishable by fine aud imprisonment, or by 
executed in either, the court by which the sentence is passed may ordeirthe sentence 
house of correc- to be executed in any house of correction or house of reformation for 
juvenile delinquents within the State or district where such court is 
held, the use of which is authorized by the legislature of the State for 
such purpose. 
Confinement of Sec. 5549. Juvenile offenders against the laws of the United States, 
juvenile offend- being under the age of sixteen years, aud who may hereafter be con- 
er 8- victed of crime, the punishment whereof is imprisonment, shall be con- 

fined during the term of sentence in some house of refuge to be desig- 
nated by the Attorney-General, and shall be transported and delivered 
to the warden or keeper of such house of refuge by the marshal of the 
district where su ch conviction has occurred ; or if such conviction be had 
in the District of Columbia, then the transportation and delivery shall 
be by the warden of the jail of that district, and the reasonable actual 
expense of the transportation, necessary subsistence, and hire, and trans- 
portation of assistants aud the marshal or warden, only, shall be paid 
by the Attorney-General, out of the judiciary fund. 






221 



Sf.c. 5550. The Attorney-General shall contract with the managers Attorney-G c n- 
or persons having control of such houses of refuge for the imprisonment, p ral , t0 . conr ™ ct 
subsistence. ;vod proper employment of all such juvenile offenders, and e ' n r ce &£ " 

shall give the several courts of the United States and of the District 
of Columbia notice of the places so provided for the confinement of such 
offenders ; and they shall be sentenced to confinement in the house of 
refuge nearest the place of conviction so designated by the Attorney- 
General. 

An act to provide for deductions from the terms of sentence of United States prisoners. 

Be it enacted by the Senate and House of Representatives of the United March 3, 1875. 
States of America in Congress assembled. That all prisoners who have Deductions 
been, or shall hereafter be. convicted of any offence against the laws of from terms of 
the United States, and confined, in execution of the judgment or seu- sentence of cer- 

tenee upon such conviction, in auv prison or penitentiary of auy State V? 1 . 11 United 
m •'. i • t i j. r i. J> jf -t • States prisoners. 

or Territory which has no system ot commutation for its own prisoners, * 

shall have a deduction from their several terms of sentence of five days 

in each and every calendar month during which no charge of miscouduct 

shall have been sustained against each severally, who shall be discharged 

at the expiration of his term of sentence less the time so deducted, and 

a certificate of the warden or keeper of such prison penitentiary of such 

deduction shall be entered on the warrant of commitment: Provided, 

That, if during the term of imprisonment the prisoner shall commit any Remissions an- 

offence for which he shall be convicted by a jury, all remissions thereto- nulled by uewof- 

fore made shall be thereby annulled. gnses during 

Skc. *2. That on the discharge from auy prison of any person convicted 'cTothes and 
under the laws of the United States on indictment, he or she shall be money furnished 
provided by the warden or keeper of said prison with one plain suit of to prisoner on dis- 
clothes and five dollars in money, for which charge shall be made and cnar S e - 
allowed in the accounts of said prison with the United States: Provided, Proviso. 
That this section shall not apply to i^ersons sentenced for a term of 
imprisonment of less than sis months. 

Approved, March 3, 1875. 

[See article 7, "Government of the Navy," paragraph 18, relative to 
allowing naval prisoners to escape ; also, section 1575, Lost Vessels, as 
to pay and emoluments of prisoners of war taken by an enemy.] 



Certificate of 
warden. 



PKIZE. 



Sec. 

565. Prize causes after appeal. 
1006. Amendments in prize appeals. 
1009. Appeals in prize causes. 
4613. Application of provisions of Title. 

4014. What are '"vessels of the Xavy."' 

4015. Diries of commanding officer upon mating 

captures. 

4616. Statement of claim to share in prize. 

4617. Duties of prize-master. 

4618. Lihel and proceedings by district attorney. 

4619. Duties of district attorneys. 

4620. Special counsel for captors. 

4621. Appointment of prize-commissioners. 

4622. Duties of prize-commissioners. 
46-23. Duties of marshal. 

4624. Appraisal, &c, of property taken for Gov- 
ernment. 

46-25. Proceeding* for ad judication -where property 
is not sent in. 

4c<-2r>. Delivery of property on stipulation. 

46:27. When property may be sold. 

4628. Mode of making saie. 

4629. Transfer of property to another district for 

4630. Share cf captors. 

4631. Distribution of proceeds to captors. 
463-2. What vessels are entitled to share. 

4633. What officers are entitled to share. 

4634. Determination of shares. 



Sec. 

4635. Bounty for persons on board vessels sunk or 

destroyed. 

4636. Appeals and amendments in prize-cases. 

4637. Powers of district court alter appeal. 

4638. Security for costs. 

4639. Costs aiid expenses. 

4640. Payment of expenses from prize-fund. 

4641. Payment of prize-money. 

464£. Distribution of bounty,*salvage, &c. 

4643. Assignments, &c.,of prize-money and bounty. 

4644. Accounts of clerks of district courts. 

4645. Allowances and commissions to marshals. 

4646. Compensation of district attorney and prize- 

commissioners. 

4647. Accounts of dis^ict attorney and prize-com- 

missioner. 

4648. Compensation of special counsel. 

4649. Payment of fees of special counsel. 

4650. Commissions of auctioneers. 

4651. Payment of fees of witnesses. 
465-2. Recaptures. 

5310. Property taken on inland waters. 
5441. Delaying or defrauding captor or claimant. 
Art. 15. Transmission of prize-lists. 
Art. 16. Removing property from captured 

vessels before condemned as prize. 
Art. 17. Maltreating persons taken on a 
prize. 
Correction of errors in prize-lists. 



Sf.c. 565. Any district court may, notwithstanding an appeal to the Title 13, Chap. 3. 
Supreme Court, in auy prize cause, make and execute all necessary orders M . procee ,i j a 
for the custody and disposal of the prize property, and, in case of an ap- prize causes after 
peal from a decree of condemnation, may proceed to make a decree of appeal. 
distribution, so far as to determine what share of the prize shall go to 
the captors, and what vessels are entitled to participate therein. 



222 

Title 13, Chap. 18, Sec. 1006. The Supreme Court may, if, in its judgment, the purposes 
Amendments in °^ j ust ice require it, allow any ameudnient, either in form or substance, 

prize appeals. of any appeal in prize causes. [See $ 4636.] 
Appeals in prize Sec. 1009. Appeals in prize causes shall be made within thirty days 

causes, w i t h i n a ft e r the renderiug of the decree appealed from, unless the court pre- 
viously extends the time, for cause shown in the particular case : Pro- 
vided, That the Supreme Court may, if in its judgment the purposes of 
justice require it, allow an appeal in any prize cause, if it appears that 
any notice of appeal, or of intention to appeal, was filed with the clerk 
of the district court within thirty days next after the rendition of the 
final decree therein. [See § 695, Supreme Court, and § 4636.] 

Title 54. Sec. 4613. The provisions of this Title shall apply to all captures made 

— — - — r.as prize by authority of the .United States, or adopted and ratified by the 

provisTons of President of the United States. 

Title. 
What areves- Sec. 4614. The term " vessels of the Navy," as used in this Title, shall 

sels of the Navy. i nc i Uf i e a \\ armed vessels officered and manned by the United States, and 
under the control of the Department of the Navy. 
Duties of com- Sec. 4615. The commanding officer of any vessel making a capture 

man ding officer shall secure the documents of the ship and cargo, including the log-book, 

upon makingcap- w j^] 1 a n other documents, letters, and other papers found on board, and 
make an inventory of the same, and seal them up, and send them, with 
the inventory, to the court in which proceedings are to be had, with a 
written statement that they are all the papers found, and are in the con- 
dition in which they were found ; or explaining the absence of any doc- 
uments or papers, or any change in their condition. He shall also send 
to such court, as witnesses, the master, one or more of the other officers, 
the supercargo, purser, or agent of the prize, and any person found on 
board whom he may suppose to be interested in, or to have knowledge 
respecting, the title, national character, or destination of the prize. He 
shall send the prize, with the documents, papers, and witnesses, under 
charge of a competent prize-master and prize-crew, into port for adjudi- 
cation, explaining the absence of any usual witnesses; and in the ab- 
sence of instructions from superior authority as to the port to which it 
shall be sent, he shall select such port as he shall deem most convenient, 
in view of the interests of probable claimants, as well as of the captors. 
If the captured vessel, or any part of the captured property, is not in 
condition to be sent in for adjudication, a survey shall be had thereon 
and an appraisement made by persons as competent and impartial as 
can be obtained, and their reports shall be sent to the court in which 
proceedings are to be had ; and such property, unless appropriated for 
the use of the Government, shall be sold by the authority of the com- 
manding officer present, and the proceeds deposited with the assistant 
treasurer of the United States most accessible to such court, and subject 
to its order in the cause. [See § 1624, Art. 15, page 229.] 
Statement of Sec. 4616. If any vessel of the United States shall claim to share in a 

claim to share in p r j ze? either as having made the capture, or as having been within signal 

prize ' distance of the vessel or vessels making the capture, the commanding 

officer of such vessel shall make out a written statement of his claim, 
with the grounds on which it is founded, the principal facts tending to 
show wbat vessels made the capture, and what vessels were within sig- 
nal distance of those making the capture, with reasonable particularity 
as to times, distances, localities, and signals made, seen, or answered; 
and such statement of claim shall be signed by him and sent to the 
court in which proceedings shall be had, and shall be filed in the cause. 
Duties of prize- Sec. 4617. The prize-master shall make his way diligently to the se- 

master. lected port, and there immediately deliver to a prize-commissioner the 

documents and papers, and the inventory thereof, and make affidavit 
that they are the same, and are in the same condition as delivered to 
him, or explaining any absence or change of condition therein, and that 
the prize-property is in the same condition as delivered to him, or ex- 
plaining any loss or damage thereto; and he shall further report to the 
district-attorney and give to him all the information in his possession 
.respecting the prize and her capture ; and he shall deliver over the per- 
sons sent as witnesses to the custody of the marshal, and shall retain the 
prize in his custody until it shall be taken therefrom by process from the 
prize-court. [See § 5441.] 
Libel and pro- Sec. 4618. Upon receiving the report of the prize-master directed by 

?rfct attornl diS * the P recedin g section, the attorney of the United States for the district 



223 

shall immediately file a libel against such prize property, and shall forth- 
with obtain a warrant from the court, directing the marshal to take it 
into his custody, and shall proceed diligently to obtain a condemnation 
and distribution thereof; and to that end shall see that the proper pre- 
paratory evidence is taken by the prize-commissioners, and that the 
prize-commissioners also take the depositions de bene esse of the prize- 
crew, and of other transient persons cognizant of any facts bearing on 
condemnation or distribution. 

Sec. 4619. The district attorneys of the several judicial districts shall Duties of dis 
represent the interests of the United States in all prize-causes, and shall trict attorneys. 
not act as separate counsel for the captors on any private retainer or 
compensation from them, unless in a question between the claimants 
and the captors, on a demand for damages. They shall examine all fees, 
costs, and expenses, sought to be charged on any prize-fund, and protect 
the interest of the captors and of the United States. The district attor- 
neys of all districts in which any prize-causes are or may be pending 
shall, as often as once in three mouths, send to the Secretary of the Navy 
a statement of the condition of all prize-causes pending in their districts, 
in such form and embracing such particulars as the Secretary of the Navy 
shall require. 

Six. 4620. In any case of capture made by vessels of the Navy, the Special counsel 
Secretary of the Navy may employ special counsel for captors, when, in for captors, 
his judgment, the services of such special counsel are needed in the par- 
ticular case, for the due protection of the interests of the captors and of 
the Navy-pension fund; and, under the direction of the Secretary of the 
Navy, such counsel may institute and prosecute such proceedings in the 
case as may be necessary and proper for the protection of such interests. 
[See $§ 361, 363-365, Department of Justice.] 

Sec. 4621. Any district court may appoint prize-commissioners, not Appointment 
exceeding three in number ; of whom one shall be a retired naval officer, . P rize -commis- 
approved by the Secretary of the Navy, who shall receive no other com- 
pensation than his pay in the Navy, and who shall protect the interests 
of the captors and of the Department of the Navy in the prize-property ; 
and at least one of the others shall be a member of the bar of the court, 
of not less thau three years' standing, and acquainted with the taking 
of depositions. 

Sec. 4622. The prize-commissioners, or one of them, shall receive from Duties of prize- 
the prize-master the documents and papers, and inventory thereof, and commissioners. 
shall take the affidavit of the prize-master required by section forty-six 
hundred and seventeen, and shall forthwith take the testimony of the 
witnesses sent in, separate from each other, on interrogatories prescribed 
by the court, in the manner usual in prize-courts; and the witnesses 
phall not be permitted to see the interrogatories, documents, or papers, 
or to consult with counsel, or with any persons interested, without special 
authority from the court ; and witnesses who have the rights of neutrals 
shall be discharged as soon as practicable. The prize-commissioners 
shall also take depositions de bene esse of the prize-crew and others, at 
the request of the district attorney, on interrogatories prescribed by the 
court. They shall also, as soon as any prize-property comes within the 
district for adjudication, examine the same, and make an inveutory 
thereof, founded on an actual examination, and report to the court 
whether any part of it is in a condition requiring immediate sale for the 
interests of all parties, and notify the district attorney thereof; and if 
it be necessary to the examination or making of the inventory that the 
cargo be unladen, they shall apply to the court for an order to the 
marshal to unlade the same, and shall, from time to time, report to the 
court anything relating to the condition of the property, or its custody 
or disposal, which may require any action by the court, but the custody 
of the property shall be in the marshal only. They shall also seasonably 
return into court, sealed and secured from inspection, the documents 
and papers which shall come to their hands, duly scheduled and num- 
bered, and the other preparatory evidence, and the evidence taken de 
bene esse, and their own inventory of the prize-property; and if the 
captured vessel, or any of its cargo or stores, are such as in their judg- 
ment may be useful to the United States in war, they shall report the 
same to the Secretary of the Navy. [See § 5441.] 

Sec 1 . 4623. The marshal shall safely keep all prize-property under Duties of mar- 
wan ant fiom the court, and shall report to the court any cargo or other sbal. 
property that bethinks requires to be unladen and stored, or to be sold. 
He shall insure prize-property, if in his judgment it is for the interest 



224 

of all concerned. He shall keep in his custody all persons found on 
hoard a prize and sent in as witnesses, until they are released hy the 
prize-commissioners or the court. If a sale of property is ordered, he 
shall sell the same in the manner required by the court, and collect the 
purchase-money, aud forthwith deposit the gross proceeds of the sales 
with the assistant treasurer of the United States nearest the place of 
sale, subject to the order of the court in the particular cause ; and each 
marshal shall forward to the Secretary of the Navy, whenever and as 
often as the Secretary of the Navy may require it, a full statement of 
the condition of each prize and of the disposal made thereof 
Appraisal, &c, Sec. 4624. Whenever any captured vessel, arms, munitions, or other 

of property taken material are taken for the use of the United States before it comes into 

lor (government. ^ e CU8 fc 0( iy G f the prize court, it shall he surveyed, appraised, aud in- 
ventoried, by persons as competent and impartial as can be obtained, 
and the survey, appraisement, and inventory shall be sent to the court 
in which proceedings are to be had ; and if taken afterward, sufficient 
notice shall first be given to enable the court to have the property ap- 
praised for the protection of the rights of the claimants aud captors. 
In all cases of prize-property taken for or appropriated to the use of the 
Government, the Department for whose use it is taken or appropriated 
shall deposit the value thereof with the assistant treasurer of the United 
States nearest to the place of the session of the court, subject to tho 
order of the court in the cause. 
Proceedings tor Sec. 4625. If by reason of the condition of the captured property, or 

adjudication jf because the whole has been appropriated to the use of the United 

no/senUnf 1 yiS States, no part of it has been or can be sent in for adjudication, or if 
the property has been entirely lost or destroyed, proceedings for adjudi- 
cation may be commenced in any district the Secretary of the Navy may 
designate; and in any such case the proceeds of anything sold, or the 
value of anything taken or appropriated for the use of the United States, 
shall be deposited with the assistant treasurer in or nearest to that dis- 
trict, subject to the order of the court in the cause. If, when no prop- 
erty can be sent in for adjudication, the Secretary of the Navy shall 
not, within three months after any capture, desiguate a district for the 
institution of proceedings, the captors may institute proceedings for ad- 
judication in any district. Aud if in any case of capture no proceedings 
for adjudication are commenced within a reasonable time, auj T parties 
claiming the captured property may, in any district court as a court of 
prize, move for a monition to show cause why such proceedings shall 
not be commenced, or institute an original suit in such court for resti- 
tution, and the monition issued in either case shall be served on the 
attorney of the United States for the district, and on the Secretary of 
the Navy, as well as on such other persons as the court shall order to 
be notified. 
Delivery of Sec. 4626. No prize-property shall be delivered to the claimants on 

propertyonstipu- st ip U ] at j on Q e p 0S i^ or orjQer security, except where there has been a 
decree of restitution and the captors have appealed therefrom, or where 
the court, after a full hearing on the preparatory proofs, has refused 
to condemn the property on those proofs, and has given the captors leave 
to take further proofs, .or where the claimant of any property shall sat- 
isfy the court that the same has a peculiar and intrinsic value to him, 
independent of its market-value. In any of these cases, the court may 
deliver the property on stipulation or deposit of its value, if satis- 
fied that the rights and interests of the United States and captors, or 
of other claimants, will not be prejudiced thereby; but a satisfactory 
appraisement shall be first made, and an opportunity given to the dis- 
trict attorney and naval prize-commissioner to be heard as to the appoint- 
ment of appraisers. Any money deposited in lieu of stipulation, and all 
money collected on a stipulation, not being costs, shall be deposited with 
the assistant treasurer, in the same manner as proceeds of a sale. 
"When property Sec. 4627. Whenever any prize-property is condemned, or at any stage 

may be sold. of the proceedings is found by the court to be perishiug. perishable, Oi- 
liable to deteriorate or depreciate, or whenever the costs of keeping tin 
same are disproportionate to its value, the court shall order a sale of 
such property; aud whenever, after the return-day on the libel, all the 
parties in interest w T ho have appeared in the cause agree thereto, the 
court may make such order ; and no appeal shall operate to prevent the 
making or execution of such order. 
Mode of making g EC> 4523, Tjp ori a sale of any prize-property by order of the court, 

sal6, the Secretary of the Navy shall employ an auctioneer of known skill 



225 

in the branch of business to which any sale pertains, to make the sale, 
but the sale shall be conducted under the supervision of the marshal, 
and the collecting and depositing of the gross proceeds shall be by the 
auctioneer or his agent. Before auy sale" the marshal shall cause full 
catalogues and schedules to be prepared and circulated, and a copy of 
each shall be returned by the marshal to the court in each cause. The 
marshal shall cause all sales to be advertised iully and conspicuously 
in newspapers ordered by the court, and by posters, and he shall, at 
least five days before the sale, serve notice thereof upon the naval prize- 
commissioner, and the goods shall be open to inspection at least three 
days before the sale. 

Sec. 46*29. Whenever it appears to the court, in the case of any prize- Tran sfer ol 
property ordered to be sold, that it will be for the interest of all parties P r °P e r c .y . t0 
to have' it sold in another district, the court may direct the marshal to fo^aie. ncfc 

transfer the same to the district selected by the court for the" sale, and 
to insure the same, with proper orders as to the time and manner of 
selling the same. It shall be the duty of the marshal so to transfer the 
property, and keep and sell the same iu like manner as if the property 
were in his own district ; and he shall deposit the gross proceeds of the 
sale with the assistant treasurer nearest to the place of sale, subject to 
the order of the court iu which the adjudication thereon is peudiug. 
The necessary expenses attending the insuring, transferring, receiving, 
keeping, aud selling the property shall be a charge upou it aud upon 
the proceeds thereof; and whenever auy such expense is paid in advance 
by the marshal, and he is not repaid from the proceeds, auy amount 
not so repaid shall be allowed to him, as in case of expenses incurred in 
suits in which the United States is a party. The Secretary of the Navy 
may. in like maimer, either by a general regulation or by special direc- 
tion in auy cause, require a marshal to transfer any prize-property from 
the district in which the judicial proceedings are pending, to any other 
district for sale: and the same proceedings shall be had as if such 
trausfer had beeu made by order of the court. [See § 5441,] 

Sec. 4630. The net proceeds of all property condemned as prize, shall, Share of captors, 
when the prize was of superior or equal force to the vessel or vessels 
making the capture, be decreed to the captors; and when of inferior 
force, one-half shall be decreed to the United States aud the other half 
to the captors, except that in case of privateers and letters of marque, 
the whole shall be decreed to the captors, unless it shall be otherwise 
provided in the commissions issued to such vessels. [See §§ 4752, 4759, 
Pensions.] 

Sec. 4631. All prize-money adjudged to the captors shall be distrib- Distribution of 
ut d in the following proportions : proceeds to cap- 

Fii "St. To the commanding officer of a fleet or squadron, one-twentieth 3 * 
part of all prize-money awarded to any vessel or vessels under his 
immediate command.* 

Second. To the commanding officer of a division of a fleet or squadron, 
on duty under the orders of the commander-in-chief of such fleet or 
squadron, a sum equal to one-fiftieth part of any prize-money awarded 
to a vessel of such division for a capture made while under his command, 
such fiftieth part to be deducted from the moiety due to the United 
States, if there be such moiety, otherwise from the amount awarded to 
the captors ; but such fiftieth part shall not be in addition to any share 
which may be due to the commander of the division, and which he may 
elect to receive, as commander of a single ship making or assisting in 
the capture.* 

Third. To the fleet-captain, one-hundredth part of all prize-money 
awarded to any vessel or vessels of the fleet or squadron iu which he is 
serving, except in a case where the capture is made by the vessel on 
board of which he is serving at the time of such capture; and in such 
cast; he shall share, in proportion to his pay, with the other officers and 
men on board such vessel. 

Fourth. To the commander of a single-vessel, one-tenth part of all 
the prize-money awarded to the vessel under his command, if such ves- 
sel at the time of the capture was under the command of the command- 
ing officer of a fleet or squadron, or a division, and three-twentieths if 
hia vessel was acting independently of such superior officer. 

Fifth. After the foregoing deductions, the residue shall be distributed 
and proportioned among all others doing duty on board, including the 

* See act of June B, 1874, post. 
15 N L 



226 

fleet-captain, and borne upon the books of the ship, in proportion to 
their respective rates of pay in the service. 
What vessels Sec. 4632. All vessels of the Navy within signal-distance of the vessel 
share eDtltled t0 ° rvesse ls making the capture, under such circumstances and in such 
condition as to be able to render effective aid, if required, shall share in 
the prize ; and in case of vessels not of the Navy, none shall be entitled 
to share except the vessel or vessels making the capture ; in which term 
shall be included vessels present at aud rendering actual assistance in 
the capture. 
What officers Sec. 4633. No commanding officer of a fleet or squadron shall be en- 
are entitled to titled to receive any share of prizes captured by any vessel or vessels 
share. n0 {. un( ^ er hj s command, nor of such prizes as may have been captured 

by any vessels intended to be placed under his command, before they 
have acted under his orders. Nor shall the commanding officer of a 
fleet or squadron, leaving the station where he had command, have any 
share in the prizes taken by ships left on such station after be has gone 
out of the limits of his command, nor after he has transferred his com- 
mand to his successor. No officer or other person who shall have been 
temporarily absent on duty from a vessel on the books of which he con- 
tinued to be borne, while so absent, shall be deprived, in consequence 
of such absence, of any prize money to which he would otherwise be 
entitled. And he shall continue to share in the captures of the vessels 
to which he is attached, until regularly discharged therefrom. 
Determination Sec. 4634. Whenever a decree of condemnation is rendered, the court 
of shares. shall consider the claims of all vessels to participate in the proceeds, 

and for that purpose shall, at as early a stage of the cause as possible, 
order testimony to be taken tending to show what part should be 
awarded to the captors, and what vessels are entitled to share ; and 
such testimony maybe sworn to before any judge or commissioner of 
the courts of the United States, consul or commercial agent of the 
United States, or notary public, or any officer of the Navy highest in 
rank, reasonably accessible to the deponent. The court shall make a 
decree of distribution, determining what vessels are entitled to share in 
the prize, and whether the prize was of superior, equal, or inferior force 
to the vessel or vessels making the capture. The decree shall recite the 
amount of the gross proceeds of the prize subject to the order of the 
court, and the amount deducted therefrom lor costs and expenses, and 
the amount remaining for distribution, and whether the whole of such 
residue is to go to the captors, or one-half to the captors, and one-half 
to the United States. 
Bounty for per- Sec. 4635. A bounty shall be paid by the United States for each per- 
sons on board ves- son on board any ship or vessel of war belonging to an enemy at the 
sels sunk or des- commencement of an engagement, which is sunk or otherwise destroyed 
troyed. j n guc j 1 eL ,g a gement by any ship or vessel belonging to the United States 

or which it may be necessary to destroy in consequence of injuries sus- 
tained in action, of one hundred dollars, if the enemy's vessel was of in- 
ferior force, and of tw T o hundred dollars, if of equal or superior force, to 
be divided among the officers and crew in the same manner as prize- 
money ; and when the actual number of men on board any such vessel 
cannot be satisfactorily ascertained, it shall be estimated according to 
the complement allowed to vessels of its class in the Navy of the United 
States ; and there shall be paid as bounty to the captors of any vessel 
of war captured from an enemy, which they may be instructed to destroy, 
or which is immediately destroyed for the public interest, but not in 
consequence of injuries received in action, fifty dollars for every person 
who shall be on board at the time of such capture. 
Appeals and Sec. 4636. The Supreme Court may, if, in its judgment, the purposes 
amendments i n of justice require it, allow any amendment, either in form or substance, 
prize-cases. f arj y appeal in prize cases, or allow a prize appeal therein, if it appears 

that any notice of appeal or of intention to appeal was filed with the 
clerk of the district court within thirty days next after the rendition of 
the final decree therein. [See §§ 1006', 1009.] 
Powers of dis- Sec. 4637. Notwithstanding any appeal to the Supreme Court, the dis- 
trict court after fcrict court may make and execute all necessary orders for the custody 
appeal. anc ^ disposal of the prize-property; and in case of appeal from a decree 

of condemnation, may still proceed to make a decree of distribution so 
far as to determine what share of the prize shall go to the captors, and 
what vessels are entitled to participate therein. [See § 565.] 
Security for Sec. 4638. The court may require any party, at any stage of the cause, 
c °sts. a nd on claiming an appeal, to give security for costs. 



227 

Sec. 4639. All costs and all expenses iucident to the bringing in, ens- Costs and ex- 
tody, preservation, insurance, sale, or other disposal of prize-property, P euses - 
when allowed by the court, shall be charged upon such property, and 
shall be paid from the proceeds thereof, unless the court shall decree 
restitution free from such charge. 

Sec. 4640. No payment shall be made for auy prize-fund, except upon Payment of ex- 
the order of the court. All charges for work and labor, materials for- pen.sestVouiprize- 
nished, or money paid, shall be supported by affidavit or vouchers. The fuad - 
court may. at any time, order the payment, from the deposit made with 
the assistant treasurer in the cause, of any costs or charges accrued and 
allowed. When the cause is finally disposed of, the court shall make its 
order or orders on the assistant treasurer to pay the costs and charges 
allowed and unpaid ; and in case the final decree shall be for restitution, 
or in case there shall be no money subject to the order of the court iu 
the cause, any costs or charges allowed by the court, and not paid by 
the claimants, shall be a charge upon, and be paid out of, the fund for 
defraying the expenses of suits iu which the United States is a party or 
interested. 

Sec. 4641. The net amount decreed for distribution to the United Payment of 
States, or to vessels of the Navy, shall be ordered by the court to be prize-money, 
paid into the Treasury of the United States, to be distributed according 
to the decree of the court. The Treasury Department shall credit the 
Navy Department with each amouut received to be distributed to ves- 
sels of the Navy : and the persons entitled to share therein shall be sev- 
erally credited" in their accounts with the Navy Department with the 
amounts to which they are respectively entitled. In case of vessels not 
of the Navy, and not controlled by any Department of the Government, 
the distribution shall be made by the court to the several parties enti- 
tled thereio, and the amounts decreed to them shall be divided between 
the owners and the ship's company, according to any written agreement 
between them, and in the absence of such agreement, one-half to the 
owners and one-half to the ship's company, according to their respective 
rates of pay on board ; and the court may appoint a commissioner to 
make such distribution, subject to the control of the court, who shall 
make due return of his doings, with proof of actual payments by him, 
and who shall receive no other compensation, directly or indirectly, than 
such as shall be allowed him by the court. In case of vessels not of 
the Navy, but controlled by either Executive Department, the whole 
amouut decreed to the captors shall be divided among the ship's com- 
pany. 

Sec. 464*2. All ransom-money, salvage, bounty, or proceeds of con- Distribution of 
demned property, accruing or awarded to any vessel of the Navy, shall bounty, salvage, 
be distributed and paid to the officers and men entitled thereto in the &c ' 
same manner as prize-money, under the direction of the Secretary of the 
Navy. [See Cn 3669, Appropriations.] 

Sec. 4043. Every assignment of prize or bounty money due to persons Assignments, 
enlisted iu the naval service, and all powers of attorney or other author- &c., of pr i z e'- 
ity to draw, receipt for, or transfer the same, shall be void, unless the m ° ° e 5" > and 
same be attested by the captain, or other commanding officer, and the bouuty - 
paymaster. 

Sec. 4644. The clerk of each district court shall render, to the Secre- Accounts of 
tary of the Treasury and the Secretary of the Navy, a semi-annual state- clerks of district 
nient of all the sums allowed by the court, and ordered to be paid, cour 
■within the previous half-year, to the district attorney and prize-commis- 
sioners for services, and to marshals for fees and commissions ; and he 
shall, in all prize-causes in the district, for the purpose of the final de- 
cree of distribution, ascertain and keep an account of the amouut de- 
posited with the assistant treasurer, subject to the order of the court, in 
each prize-cause, and the amounts ordered to be paid therefrom as costs 
and charges, and the residue for distribution ; and shall send copies of 
all final decrees of distribution to the Secretary of the Treasury and the 
Secretary of the Navy ; and shall draw the orders of the court for the 
payment of all costs and allowances, and for the distribution of the 
residue. For these services he shall be entitled to receive the sum of 
twenty-five dollars in each prize-cause, which shall be iu full for the 
services required by this section. 

Sec. 4645. The marshal shall be allowed his actual and necessary ex- Allowances and 
pensefl fur the custody, care, preservation, insurance, sale, or other dis- commissions to 
posal of the prize-property, and for executing any order of the court re- marslial9 - 
specting the same, and shall have a commission of one-quarter of one 



228 

per centum on vessels, and of one-half of one per centum on all other 
prize-property, calculated on the gross proceeds of each sale ; and if, 
after he has had any prize-property in his custody, and has actually 
performed labor and incurred responsibility for the care and preserva- 
tion thereof, the same is taken by the United States for its own use with- 
out a sale, or if it is delivered on stipulation to the claimants, he shall, 
in case the same is condemned, be entitled to one-half the above com- 
missions on the amount deposited by the United States to the order of 
the courts, or collected upon the stipulation. No charges of the marshal 
for expenses or disbursements shall be allowed, except upon his oath 
that the same have been actually and necessarily incurred for the pur- 
pose stated. 
Compensation of Sec. 4646. The district attorney and prize-commissioners, except the 
district attorney naval officer, shall be allowed a just and suitable compensation for their 
and prize-com- reS pective services in each prize-cause, to be adiusted and determined 
missioners. i ,1 x-ixi • -i , . ', J 

by the court, and to be paid as costs in the cause. 

Accounts of dis- Sec. 4647. Each district attorney and prize-commissioner, except the 
and C -Drize t - t c om^ nava ^ °ffi cer > shall render to the Attorney-General an annual account of 
missioner. " ai l sums he shall have received for all services in prize-causes within the 

previous year ; and the district attorney shall be allowed to retain there- 
from a sum not exceeding three thousand dollars a year, in addition to 
the maximum compensation allowed to be retained by him ; under the 
provisions of Title XIII, " The Judiciary," or in addition to any salary 
he may receive in lieu of such maximum compensation ; and each such 
prize-commissioner shall be allowed to retain a sum not exceeding three 
thousand dollars a year, which shall be in full for all his official services 
in prize-causes; and any excess over those respective amounts shall be 
paid by the officer receiving the same into the Treasury of the United 
States, and shall be credited to the fund for paying naval pensions. 
Compensation Sec. 4648. The court may allow such compensation as it deems just 
of special coun- urK i er the circumstances of each case to any special counsel for captors, 
not being the district attorney or any of his assistants, whether appointed 
by an Executive Department or by captors, for services actually rendered 
in the cause, to be paid as costs, in whole or in part, either from the 
entire fund or from the portion awarded to the captors; but no such 
allowance shall be made, except for services rendered on matters as to 
which the party the counsel represents has an adverse interest to the 
United States, or an interest otherwise proper in the opinion of the court 
to be represented by special counsel, or for services rendered in a con- 
testation between parties claiming to participate in the distribution of 
the proceeds. 
Paymentoffees Sec. 4649. Fees of special counsel in prize-cases incurred or author- 
o±^ special coun- j zef ^ ^ aU y Department, or for the defense of captors against demands 
for damages made by claimants in the district court, not paid by claim- 
ants, nor from the prize- fund in the particular cause, and audited and 
allowed by the Department incurring or authorizing them, and by the 
Solicitor of the Treasury, shall be a charge upon, and paid out of, the 
funds appropriated for defraying the expenses of suits in which the 
United States is a party or interested. [See §§ 361, 363-365, Depart- 
ment of Justice.] 
Commissions of Sec. 4650. The auctioneers employed to make sales of prize-property 
auctioneers. shall be entitled to receive commissions by a scale to be established by 

the Secretary of the Navy, not to exceed, in any case, one half of one 
per centum on any sum exceeding ten thousand dollars on vessels, nor 
one per centum on that sum on other prize-property, which shall be in 
full for expenses, as well as for services; and in case no such scale shall 
be established, they shall be entitled to receive such compensation as 
the court shall deem just under the circumstances of each case. 
Paymentoffees Sec. 4651. Whenever the court shall allow fees to any witness in a 
of witnesses. prize-cause, or fees for taking evidence out of the district in which the 
court sits, and there is no money subject to its order in the cause, the 
same shall be paid by the marshal, and shall be repaid to him from any 
money deposited to the order of the court in the cause ; and any amount 
not so repaid the marshal shall be allowed as witness-fees paid by him 
in cases in which the United States is a party. 
Pvecaptures. Sec. 4652. When any vessel or other property shall have been cap- 

tured by any force hostile to the United States, and shall be recaptured, 
and it shall appear to the court that the same had not been condemned 
as prize before its recapture, by any competent authority, the court 
shall award a meet and competent sum as salvage, according to the 



229 

circumstances of each case. If the captured property belouged to the 
United States, it shall be restored to the United States, aud there shall 
he paid from the Treasury of the United States the salvage, costs, and 
expenses ordered hy the court. If the recaptured property belouged to 
persons residing within or under the protection of the United States, the 
court shall adjudge the property to be restored to its owners, upou their 
claim, on the payment of such sum as the court may award as salvage, 
costs, and expenses. If the recaptured property belouged to any per- 
son permanently resident withiu the territory aud under the protection 
of any foreign prince, government, or state in amity with the United 
States, and by the law or usage of such prince, government, or state, 
the property of a citizen of the United States would be restored under 
like circumstances of recapture, it shall be adjudged to be restored to 
such owner, upon his claim, upou such terms as by the law or usage of 
such prince, government, or state would be required of a citizen of the 
United States under like circumstances of recapture; or when no such 
law or usage shall be known, it shall be adjudged to be restored upon 
the payment of such salvage, costs, and expenses as the court shall 
order. The whole amount awarded as salvage shall be decreed to the 
captors, and no part to the United States, and shall be distributed as iu 
the case of proceeds of property condemned as prize. Nothing in this 
Title shall be construed to contravene any treaty of the United States. 

Sec. 5310. No property seized or taken upon any of the inland waters Title 69. 
of the United States by the naval forces thereof shall be regarded as ~ ~ , , 

maritime prize; but all property so seized or taken shall be promptly on j^uand waters! 
delivered to the proper officers of the courts. 

Sec. 5441. Every person who willfully does any act or aids or advises Title 70, Chap. 5. 
in the doing of any act relating to the bringing iu, custody, preserva- "TTi '• T 

tion, sale, or other disposition of any property captured as prize, or f ra udfu^ ng captor 
relating to any documents or papers connected with the property, or to or claimant, &c, 
any deposition or other document or paper connected with the pro- of prize-property, 
ceedings, with intent to defraud, delay, or injure the United States or 
any captor or claimant of such property, shall be punished by a fine of 
not more than ten thousand dollars, or by imprisonment not more than 
five years, or both. [See §§ 4613-4652.] 

Atjt. 15. The commanding officer of every vessel in the Navy entitled Title 15, Chap. 
to or claiming an award of prize-money shall v as soon as it may be prac- *^» Scc « '^- 
ticable after the capture, transmit to the Navy Department a complete List of persons 
list of the officers and men of his vessel entitled to share, stating therein claiming prize- 
the quality of each person rating; and every commanding officer who money, 
offends against this article shall be punished as a court-martial may 
direct. [See § 4615.] 

Art. 16. No person in the Navy shall take out of a prize, or vessel Eemoving prop- 
seized as a prize, any money, plate, goods, or any part of her equipment, erty from a prize. 
unless it be for the better preservation thereof, or unless such articles 
are absolutely needed for the use of any of the vessels or armed forces 
of the United States, before the same are adjudged lawful prize by a 
competent court ; but the whole, without fraud, coucealmeut, or embez- 
zlement, shall be brought in, in order that judgment may be passed 
thereon ; and every person who offends against this article shall be 
punished as a court-martial may direct. 

Aut. 17. If any person in the Navy strips off the clothes of, or pil- Maltreating per- 
lages, or in any manner maltreats, any person taken on board a prize, sous taken on » 
he shall suffer such punishment as a court-martial may adjudge. prize. 

An act authorizing corrections to he made in errors of prize-lists. 

Be it enacted by the Senate and House of Representatives of the United June 8, 1874. 
States of America in Congress assembled, That the second and third para- 
graphs* of the tenth section of the navy-prize law, approved June thir- 
tieth, eighteen hundred and sixty-four, which relate to the shares of 
commanders of divisions and fleet-captains, shall apply to officers serv- 
ing in those positions from April, eighteen hundred and sixty-one, (the 
commencement of the late war,) and the shares shall be paid in the 
manner as provided for division commanders in said second paragraph, 
said payments to be made out of the naval pension fund; and all acts 
inconsistent with the provisions of this act be, and the same are hereby, 
repealed. , 

Approved, June 8, 1874. 

* These paragraphs are the same as the first aud second of sec. 4631 E. S. 



230 



PKOFESSOKS OF MATHEMATICS. 



Sec. 

1399. Professors of mathematics, number of. 

1400. Appointment. 

1401. Duties. 



Sec. 

1480. Rank. 

1556. Pay. 



Title 15, Chap. I. Sec. 1399. The number of professors of mathematics in the Navy 



Appointment. 



Professors of sba11 not exceed twelve, 
mat hematics, 
number of. 

Sec. 1400. Professors of mathematics shall be appointed and com- 
missioned by the President of the United States, by and with the ad- 
vice and consent of the Senate. 
Duties. Sec. 1401. Professors of mathematics shall perform such duties as 

may be assigned them by order of the Secretary of the Navy, at the 
Naval Academy, the Naval Observatory, and on board ships of war, in 
instructing the midshipmen of the Navy, or otherwise. [See § 436, 
Nautical Almanac ; and § 1528, Naval Academy.] 

Title 15, Chap. 4. Sec. 1480. Professors of mathematics shall have relative rank as fol- 
lows : Three, the relative rank of captain ; four, that of commander; 
and five, that of lieutenant-commander or lieutenant. 

Title 15, Chap. 8. Sec. 1556. Professors of mathematics and civil engineers, during the 
first five years after date of appointment, when on duty, two thou- 
sand four hundred dollars ; on leave, or waiting orders, one thousand 
five hundred dollars ; during the second five years after such date, when 
on duty, two thousand seven hundred dollars ; on leave, or waiting 
orders, one thousand eight hundred dollars; during the third five years 
after such date, when on duty, three thousand dollars ; on leave, or wait- 
ing orders, two thousand one hundred dollars ; after fifteen years from 
such date, when on duty, three thousand five hundred dollars ; on leave, 
or waiting orders, two thousand six hundred dollars. 

PEOMOTIOX AND ADVANCEMENT IN THE NAVY. 



Pay. 



Sec. 

1493. Physical examination. 

1494. Physical disqualification by wounds. 

1495. Examinations, when, and effect of. 

1496. Examination of professional fitness. 

1497. Promotion to rear-admiral in time of peace. 

1498. Examining hoard. 

1499. Powers of. 

1500. Officer may he present, &c. 

1501. Eecord. 

1502. Revision hy the President. 

1503. No officer to he rejected without examina- 

tion. 



Sec. 

1504. Report of recommendation. 

1505. Failing in examination. 

1506. Advancement in number. 

1507. 

1508. 

1509. 

1510. 



Promotion when grade is full. 
Officers receiving thanks of Congress. 
Effect of vote of thanks. 
Vacancies occasioned by death, &c, of offi- 
cers thanked. 

1560. Commencement of pay, original entry. 

1561. Commencement of pay of promoted officers. 

1562. Pay in delayed examinations. 
Commencement of pay on promotion. 

Title 15, Chap. 4. Sec. 1493. No officer shall be promoted to a higher grade on the active 
Physical exam- ^ s * °^ *^ e Navy, except in the case provided in the next section, until 
ination. he has been examined by a board of naval surgeons and pronounced 

physically qualified to perform all his duties at sea. 
Physical dis- Sec. 1494. The provisions of the preceding section shall not exclude 
qualification by f r0 in the promotion to which he would otherwise be regularly entitled 
wounds. an y officer in whose case such medical board may report that his phys- 

ical disqualification was occasioned by wounds received in the line of 
his duty, and that such wounds do not incapacitate him for other duties 
in the grade to which he shall be promoted. 
Examinations, Sec. 1495. Officers subject to examination before promotion to a grade 
when ; and effect limited in number by law shall not be entitled to examination in such a 
sense as to give increase of pay until designated by the Secretary of the 
Navy to fill vacancies in the higher grade; and officers eligible for pro- 
motion to a grade not limited in number shall not be entitled to exam- 
ination until ordered to present themselves for examination or until a 
class, in which they are included, has been so ordered by the Secretary 
of the Navy. 
ationof g ECi 149(5, n \{ ne officer below the grade of commodore, and no offi- 
cer not of the line, shall be promoted to a^higher grade on the active 
list of the Navy until his mental, moral, and professional fitness to per- 
form all his duties at sea have been established to the satisfaction of a 
board of examining officers appointed by the President. 
to Sec. 1497. In time of peace no person shall be promoted from the list 
in of commodores to the grade of rear-admiral, on the active list, until his 
mental, moral, and professional fitness to perform all his duties at sea 
has been established as provided in the preceding section. 



professional 
ness. 



Promotion 
rear-admiral 
time of peace. 



231 

Sec. 1493. Sucli examining board shall consist of not less than three Examining 
officers, senior in rank to the officer to be examined. board. 

Sec. 1499. Said board shall have power to take testimony and to ex- Powers of. 
amine all matter on the hies and records of the Navy Department relat- 
ing to any officer whose case may be considered by them. The witnesses, 
when present, shall be sworn by the president of the board. 

Sec. 1500. Auy officer whose case is to be acted upon by such exam- Officer may be 
ining board shall have the right to be present, if he so desires, and to Present and make 
submit a statement of his case on oath. s a emeut - 

Sec. 1501. The statemeut of snch officer, if made, and the testimony Record, 
of the witnesses and his examination shall be recorded. 

Sec. 1502. Any matter on the files and records of the Navy Depart- -Revision by tbe 
meut. touching each case, which may, in the opinion of the board, be ^ resident - 
necessary to assist them in making np their judgment, shall, together 
with the whole record and finding, be presented to the President for his 
approval or disapproval of the finding. 

Sec. 1503. No officer shall be rejected until after such public examina- ~^° officer to be 
tion of himself aud of the records of the Navy Department in his case, exan3nat^n h ° Ut 
unless he fails, after having been duly notified, to appear before said 
board. 

Sec. 1504. Such examining board shall report their recommendation commendation! 6 " 
of any officer for promotion in the following form : " We hereby certify . 

that has the mental, moral, aud professional qualifications 

to perform efficiently all the duties, both at sea and on shore, of the 
grade to which he is to be promoted, and recommend him for promo- 
tion.*' 

Sec. 1505. Auy officer of the Navy on the active list below the grade Failing in ex- 
of commander, who, upon examination for promotion, is not found pro- animation, 
fessioually qualified, shall be suspended from promotion for one year, 
with corresponding loss of date when he shall be re-examined, aud in 
case of his failure upon such re-examination he shall be dropped from 
the service. 

Sec. 1506. Any officer of the Navy may, by and with the advice and Advancem e n t 
consent of the Senate, be advanced, not exceeding thirty numbers in in number, 
rank, for eminent and conspicuous conduct in battle or extraordinary 
heroism. 

Sec. 1507. Any officer who is nominated to a higher grade by the pro- Promotion -when 
visions of the preceding section, shall be promoted, notwithstanding the gra e 1S u • 
number of said grade may be full; but no further promotions shall 
take place in that grade, except for like cause, until the uumber is 
reduced to that provided by law. 

Sec. 1506. Any line officer, whether of volunteers or of the regular Officers receiv- 
Navy, may be advanced one grade, if, upon recommendation of the in? thanks of 
President by name, he receives the thanks of Congress for highly dis- Congress, 
tinguished conduct in conflict with the enemy or for extraordinary 
heroism in the line of his profession. 

Sec. 1509. A vote of thanks by Congress to any officer of the Navy Effect of vote 
6hall be held to affect such officer only ; and whenever, as an incident o thanks, 
thereof, an officer who would otherwise be retired is retained on the 
active list, such retention shall not interfere with the regular promotion 
of others who would otherwise have been entitled by law to promotion. 

Sec. 1510. No promotion shall be made to fill a vacancy occasioned by Vacancies occa- 
the final retirement, death, resignation, or dismissal of an officer who sioned by death, 
has received a vote of thanks, unless the number of officers left in the jinked rs 

grade where the vacancy occurs shall be less than the number author- 
ized by law. 

Sec. 1560. The pay of an officer of the Navy, upon his original entry Title 15, Chap. S. 
into the service, except where he is required"to give an official bond, Commencement 
shall commence upon the date of his acceptance of his appointment; of pay, original 
but where he is required to give such bond his pay shall commence upon entry, 
the date of the approval of his bond by the proper authority. 

Sec. 1561. When an officer is promoted in course to fill a vacancy aud Commencement 
is in the performance of the duties of the higher grade from the date of pay of promot- 
he is to take rank, he may be allowed the increased pay from such date. eel otncols - 
[See June 22, le74,^o*£.] 

. 1562. If an officer of a class subject to examination before pro- In cases of de- 
motion shall be abseLt on duty, and by reason of such absence, or of J? yed examin a- 
other cause not involving fault on his part, shall not be examined at the 10DS ". 
time required by law or regulation, aud shall afterward be examined 
aud fouud qualified, the increased rate of pay to which his promotion 



232 



would entitle him shall commence from the date when he would have 
been entitled to it had he been examined and found qualified at the time 
so required by law or regulation ; and this rule shall apply to any cases 
of this description which have heretofore occurred. And in every such 
case the period of service of the party, in the grade to which he was 
promoted, shall, in reference to the rate of his pay, be considered to have 
commenced from the date when he was so entitled to take rank.* 

An act for tbe better government of the Navy of the United States. 
June 22, 1874. Be it enacted by the Senate and Rouse of Representatives of the United States 
Commencement °f Anierica in Congress assembled, That on and after the passage of this act, 
of pay on promo- any officer of the Navy who may be promoted in course to fill a vacancy 
tion. ' in the next higher grade shall be entitled to the pay of the grade to 

which promoted from the date he takes rank therein, if it be subsequent 
to the vacancy he is appointed to fill. * * * 
Approved, June 22, 1874. 
[For promotion and advancement in Marine Corps, see page 163.] 

PUBLIC DOCUMENTS— PUBLIC PRINTING. 



Sec. 

3792. Documents, usual number. 

3793. Extra copies, motion to print. 

3794. Notice of order to print. 

3795. Extra copies costing more tban five hundred 
dollars. 

3796. Extra copies for the Library. 
3798. Number of copies of certain documents to 

be printed and bound. 

3802. Accounts with Departments for printing. 

3803. Copies of statutes and treaties. 
3805. Printing of statutes and treaties. 
3808*. Number to be printed lor distribution. 

3809. Extra copies of any document, bow sold. 

3810. Printed documents, when to be delivered. 
3813. Documents to be delivered at Interior De- 
partment. 

3815. Quarterly account. 
3821. Keport to Congress. 

Election and title of public printer. 

' Number of annual reports to be printed. 



497. Custody and distribution of public docu- 
ments. . 
500. Manner of delivery. 

505. Distribution of surplus volumes, &c. 

506. Books, &c, not to be removed from proper 

places. 
508. Duties of the superintendent of public doc- 
uments. 

3779. Engraving for Congress. 

3780. Engraving, when to be advertised. 
3783. Accountability for and issue of material. 

3785. Only Government printing and binding al- 

lowed. 

3786. Printing required to be done at Government 

Printing Office. 

3788. Heads of Bureaus not to print reports, ex- 

cept, &c. 

3789. Orders and requisitions for printing. 

3790. Style and form of work for Departments. 

3791. Bills and joint resolutions, number of. 

Title 11, Chap. 7. Sec. 497. The Secretary of the Interior is charged with receiving, ar- 
Custody and ranging, and safe-keeping for distribution, and of distributing to the per- 
distribution of sons entitled by law to receive the same, all printed journals of the two 
public doc u- Houses of Congress, aud all other books and documents of every nature 
meuts. whatever, already or hereafter directed by law to be printed or pur- 

chased for the use of the Government, except such as are directed to 
be printed or purchased for the particular use of Congress, or of either 
House thereof, or for the particular use of the Executive or of any of the 
Departments, and any person whose duty it shall be by law to deliver 
any of the same, shall deliver them at the rooms assigned by the Sec- 
retary of the Interior therefor. 

Sec. 500. The publications received by the Secretary of the Interior 
for distribution shall be delivered out oaly on the written requisition 
of the heads of Departments, Secretary of the Senate, Clerk of the 
House of Representatives, Librarian of Congress, and other officers 
and persons who are by law authorized to receive the same, except 
where by law the Secretary of the Interior is required, without such re- 
quisition, to cause the same to be sent and delivered ; and in either of 
such cases it shall be the duty of the Secretary of the Interior to cause 
the same to be sent aud delivered, the expenses thereof, except when 
otherwise directed, to be charged on the contingent fund of the Depart- 
ment. 
Distribution of Sec. 505. Whenever there are in the custody of tbe Department of 
surplus volumes, ^ e interior any sets of the documents of any session of Congress, or 
other documents or odd volumes, not necessary to supply deficiencies 
or mosses that may happen in the Library of Congress, or in tbat of 
either of the Executive Departments, or in State or territorial libraries, 
the Secretary of the Interior shall distribute the same as equally as 
practicable to the several Senators, Representatives, aud Delegates in 
Congress, for distribution to public libraries and other literary institu- 
tions in their respective districts. 

*Act of July 15, 1870. 



Manner of de 
livery. 



&c. 



233 

Sec. 506. All such books and documents, when received at the proper Books, &c, not 
offices, libraries, and other depositories, as provided by law, shall he *° ^ ™ m ° ve *! 
kept there and not removed from such places. places. pi oper 

Sec. 508. .The superintendent of public documents shall be charged, Duties of the 
subject to the general direction of the Secretary of the Interior, with the superintendent 
duty of collecting, arranging, preserving, packing, and distributing the ^ ,^ lblic docu ' 
publications received at the Department of the Interior for distribution ; 
and with the duty of compiling and supervising the Biennial Register. 

Sec. 3779. Whenever any charts, maps, diagrams, views, or other en- Tltle *°' 
graviugs are required, to illustrate any document ordered to be printed Engraving for 
by either House of Congress, such engravings shall be procured by the Congress. 
Congressional Printer, under the direction and supervision of the com- 
mittee on printing of the House ordering the same. [See June 23, 1374, 
post. ] 

Sec. 3780. When the probable total cost of the maps or plates accom- Engraving, 
pauyiug one work or document exceeds two hundred and fifty dollars, when to be ad ver- 
the lithographing or engraving thereof shall be awarded to the lowest tised - 
and best bidder, after advertisement by the Congressional Printer, 
under the direction of the Joint Committee on Public Printing, But 
the committee may authorize him to make immediate contracts for lith- 
ographing or engraving whenever, in their opinion, the exigencies of 
the public service do not justify advertisement for proposals. 

SEC 3783. The Congressional Printer shall charge himself with, and Accountability 
be accountable for, all material received for the public use. The fore- for t a " l \ issue of 
men of printing and binding shall make outestimates of the amount and 
kind of material required for their respective departments, and file writ- 
ten requisitions therefor when it is needed. The Congressional Printer 
shall furnish the same to them on these requisitions, as it may be required 
for the public service, and they shall receipt to him and be held account- 
able for all material so received. 

Sec. 3785. Xo printing or binding which is not provided for bylaw Only public 
shall be executed at the Government Printing Office. printing and 

binding allowed. 

Sec 3786. All printing, binding, and blank books for the Senate or Prin tins re- 
House of Representatives, and the Executive aud Judicial Departments, a^^overmnent 
shall be done at the Government Printing Office, except in cases other- printing-office, 
wise provided by law. 

Sec. 37*S. Xo officer in charge of any Bureau or office in any Depart- Heads of Bn- 
ment shall cause to be printed, at the public expense, any report he may reaus not to print 
make to the President or to the head of the Department, except as pro- & c p ' except> 
vided for in this Title 

Sec. 37^9. Xo printing or binding shall be done, or blank-books fur- Orders and re- 
nished. for either House of Congress, except on the written order of the priming 1 ° DS 
Secretary of the Senate, or of the Clerk of the House of Representatives, 
respectively; or for any of the Executive Departments, except on a 
written requisition by the head of such Department, or one of his assist- 
ants. 

Sec. 3790. The forms and style in which the printing or binding Style and form 
ordered by any of the Departments shall be executed, the materials and of J vork tor ^ e " 
size of type to be used, shall be determined by the Congressional par men s * 
Printer, having proper regard to economy, workmanship, and the pur- 
poses for which the work is needed. 

Sec. 3791. There shall be printed seven hundred and fifty copies of Bills and joint 
every bill or joint resolution ordered by either House of Congress, or resolutlons - 
required by any rule thereof to be printed, unless a different number 
shall be specifically ordered. 

Sic. 37U2. Fifteen hundred and fifty copies of any document ordered Documents, 
by Congress shall be printed, aud that number shall be known as the usual number, 
usual number. Xo greater number shall be printed unless ordered by 
either House, or as hereinafter provided. 

Sec. 3793. All motious to print extra copies of any bill, report, or Extra copies, 
other public document, shall be referred to the Committee on Printing motion to print, 
of the House in which such motion is made. 

SEC. 3794. The House lirst ordering a document to be printed shall Xot ire of order 
immediately notify the other House of such order. to print. 

Six. 3795. All propositions in either House of Congress for printing Extra copies 
extra copies of documents, tin; cost of which exceeds live hundred dol- costing more than 
lars, -hall be by concurrent resolution, which shall, upon its transmis- j| ve hundred dol- 
sion from either House, be immediately referred to the Committee on 8 * 
Printing of the House to which it is sent. 

8EC. 3796. The Congressional Printer shall, when so directed by the Extra copies 
Joint Committee on the Library, print, in addition to the usual number, for tLti Library. 



234 

either fifty or one hundred copies, as he may be directed, of all docu- 
ments printed by order of either House of Congress, or of any Depart- 
ment or Bureau of the Government. 
Nnmber of Sec. 3798. Of the documents named in this section there shall be 
copies of certain printed and bound, in addition to the usual number for Congress, the 
document^ to be following numbers of copies, namely : 

bound. ' First. Of the documents accompanying the annual reports of the 

Executive Departments, one thousand copies for the use of the members 
of the Senate, and two thousand copies for the use of the members of 
the House of Representatives. [See § 75.]* 

Second. Of the President's message, the annual reports of the Execu- 
tive Departments, and the abridgment of accompanying documents, 
unless otherwise ordered by either House, ten thousand copies for the 
use of the members of the Senate, and twenty-five thousand copies for 
the use of the members of the House of Representatives^ 
DeparTmentrior SeC> 3802, Wnenever Congress makes an appropriation for any De- 
printing, partment or public office, to be expended "for printing and binding to 
be executed under the direction of the Congressional Printer," the Con- 
gressional Printer shall cause an account to be opened with such 
Department or public office, on which he shall charge for all printing 
and binding ordered by the head thereof, at prices established in pursu- 
ance of law; and it shall not be lawful for him to cause to be executed 
any printing or binding the value of which exceeds the amount appro- 
priated for such purpose. [See § 3661, Appropriations.] 
Copies of stat- Sec. 3803. The Secretary of State shall furnish the Congressional 
utes for printing. p r i n t er with a correct copy of every act and joint resolution as soon as 
possible after its approval by the President of the United States, or 
after it shall have become a law in accordance with the Constitution 
without such approval ; and also of every treaty between the United 
States and any foreign government after it shall have been duly ratified 
and proclaimed by the President, and of every postal convention made 
between the Postmaster-General, by and with the advice and consent of 
the President, on the part of the TJnited States, and equivalent officers 
of foreign governments on the part of their respective countries. 
Printing of laws s EC . 3805. The Congressional Printer on receiving from the Secretary 
and resolutions. of gtate a copy of any act or j oint reso l u tion, or treaty, shall immedi- 
ately cause an accurate printed copy thereof to be executed and sent in 
duplicate to the Secretary of State, for revision. On the return of one 
of the revised duplicates, he shall at once have the marked corrections 
made, and cause to be printed, and sent to the Secretary of State, any 
number of copies which he may order, not exceeding five hundred, and. 
to be printed separately, and sent to the two Houses of Congress, the 
usual number. 
Number printed Sec. 3808. The Secretary of the Interior shall cause to be published, 
for distribution. a t the close of every session of Congress, and as soon as practicable, 
eleven thousand copies of the acts and resolutions passed by Congress, 
the amendments to the Constitution adopted, and all public treaties 
and postal conventions made and ratified since the then last publication 
of the laws. [Now published by the Secretary of State. See page 250.] 
Extra copies of g EC> 3809. If any person desiring extra copies of any document 
hoV sold°. CUmei1 printed at the Government Printing Office by authority of law shall, 
previous to its being put to press, notify the Congressional Printer of 
the number of copies wanted, and shall pay to him, in advance, the esti- 
mated cost thereof, and ten per centum thereou, the Congressional 
Printer may, under the direction of the Joint Committee on Public 
Priuting, furnish the same. 
Printed docu- s E c. 3810. The annual reports of the Executive Departments and the 
bTdelivered 11 to accompanying documents shall be delivered by the printer to the proper 
officers of each House of Congress at the first meeting thereof; and the 
President's message, the reports of the Executive Departments, and the 
abridgment of accompanying documents, shall be so delivered on or be- 
fore the third Wednesday in December next after the meeting of Con- 
gress, or as soon thereafter as may be practicable. [Sec. 198, p. 71.] 
Documents to Sec. 3813. The Congressional Printer shall deliver to the Secretary 
be delivered at of the Interior, at the room in the Interior Department set apart for that 

Interior Depart- 

ment. * Paragraph 75 directs the Joint Committee on Public Printing to appoint a compe- 

tent person to edit such portion of the documents accompanying the annual reports of 
the Departments as they may deem suitable for popular distribution and prepare an 
alphabetical index thereto. 

t See act of June 23, 1874, post, as to the number of annual reports to be printed. 






235 

purpose, all books and documents directed by law to be printed for the 
use of the Government, except such as are directed to be printed for the 
particular use of Congress, or of either House thereof, or of the President, 
or of any of the Departments. 

Sec. 3815. The Congressional Printer shall render to the Secretary of Quarterly ac- 
the Treasury, quarterly, a fall account of all purchases made by liim, count. 
and of all printing and binding done in the Government Printiug-Office 
for each House of Congress and for each of the executive and judicial 
departments. 

Sec. 3321. The Congressional Printer shall, ou the first day of each Report to Con 
session, or as soon thereafter as may be practicable, report to Congress » ress - 
the exact condition, and the amount and cost of the public printing, 
binding, lithographing, aud engraving; the amount and cost of all 
paper purchased for the same; a detailed statement of proposals made 
and contracts entered into for the purchase of paper and other mate- 
rials, and for lithographing and engraving ; of all payments made, 
during the preceding year, uuder his direction ; of the amount of work 
ordered and done, with a general classification thereof, for each Depart- 
ment, aud a detailed statement of each account with the Departments 
or public officers: a detailed statement of the number of hands em- 
ployed in the establishment, and the time each has been employed ; and 
such further iuformatiou, touching all matters connected with the print- 
ing-office, as may be in his possession. 

[From legislative appropriation act.] 

Provided. That so much of the act entitled "An act providing for Election and 
the election of a Congressional Printer," approved February twenty- title of public 
second, eighteen hundred and sixty-seven, as provides for the election P rmter - 
of such officer by the Senate, and provides that such officer shall be 
deemed an officer of the Senate, shall cease and determine and become 
of no effect from and after the date of the first vacancy occurring in said 
office : that the title of said officer shall hereafter be Public Printer, aud 
he shall be deemed an officer of the United States, aud said office shall 
be rilled by appointment by the President, by and with the advice aud 
consent of the Senate. 

Approved June 20, 1874. 

[From sundry civil appropriation act.] 

Provided, That hereafter the Congressional Printer sball print, upon Number of an- 
the order of the heads of the Executive Departments, respectively, only nual reports to 
such limited number of the annual reports of such Departments and be printed, 
necessary accompanying reports of subordinates as may be deemed 
necessary for the use of Congress : Provided, however, That no expensive ^ dil j 

maps or illustrations shall be printed without the special order of Con- trations. 
gross. 

Approved June 23, 1874. 

PUBLIC PROPERTY. 

See also Lost Vessels. 



Sec 

374^. Uniforms and equipments. 

3749. Solicitor of Treasury may rent or sell un- 

productive lands or property. 

3750. To have charge of property transferred to 

the United States. 



Sec. 

3751. To release land in certain cases. 

375-2. Power to obtain releases. 

3753. Releasing property from attachment. 

3754. Payment. 



Title 44. 



Sec. 3T4- 5 . The clothes, arms, military outfits, and accouterments 
furnished by the United States to any soldier shall not be sold, bar- ~~ ~; 
tered. exchanged, pledged, loaned, or given away; aud no person not a u p foi ™s and 
soldier, or duly authorized officer of the United States, who has posses- equipmen s * 
6ion of any such clothes, arms, military outfits, or accouterments, so 
furnished, and which have been the subjects of any such sale, barter, 
exchange, pledge, loau, or gift, shall have any right, title or interest 
therein ; but the same may be seized and taken wherever found by auy 
officer of the United States, civil or military, and shall thereupon be 
delivered to any quartermaster, or other officer authorized to receive 
tin- same. The possession of any such clothes, arms, military outfits, or 
accouterments by any person not a soldier or officer of "the United 
States shall be presumptive evidence of such a sale, barter, exchange, 
pledge, loan, or gift. 



236 

Solicitor of Sec. 3749. The Solicitor or the Treasury is authorized, with the ap- 
^nt^o^sell^ifif P rova ^ of the Secretary of thi Treasury, to rent, for a period not exceeding 
productive lands three years, or to sell, at public sale, any unproductive lands, or other 
or property. property of the United States acquired under judicial process or other- 

wise in the collection of debts, after advertising the time, place, and 
conditions of such sale for three months preceding the same in some 
newspaper published in the vicinity thereof, in such manner and upon 
such terms as may, in his judgment, be most advantageous to the pub- 
lic interest. [See § 3740, Contracts.] 
To have charge Sec 3750. The Solicitor of the Treasury shall have charge of all lands 
of property trans- au( j other property which have been or may be assigned, set off, or con- 
sulted States* veve( l to tue United States in paymeut of debts, and of all trusts 
created for the use of the United States in payment of debts due them ; 
and of the sale and disposal of lands assigned or set off to the United 
States in payment of debts, or vested in them by mortgage or other 
security for the payment of debts : Provided, That this section shall not 
apply to real estate which has been or shall be assigned, set off, or con- 
veyed to the United States, in payment of debts arising under the inter- 
nal-revenue laws, nor to trusts created for the use of the United States, 
in payment of such debts clue them. 
To release Sec. 3751. In cases where real estate has become the property of the 
lands in certain xjnited States by conveyance, extent, or otherwise, in paymeut of a 
debt, and such debt is afterward fully paid in money, and the same has 
been received by the United States, the Solicitor of the Treasury may 
release by deed or otherwise convey the same real estate to the debtor 
from whom it is taken, if he is living, or, if such debtor is dead, to 
his heirs or devisees, or such person as they may appoint : Provided, 
That this section shall not apply to real estate so acquired by the 
United States in payment of any debt arising under the internal-revenue 
laws. 
Power to oh- Sec. 3752. Whenever any lands have been or shall be conveyed to 
tain releases. individuals or officers, for the use or benefit of the United States, the 
President is authorized to ohtain from such person a release of his inter- 
est to the United States. 
Heleasino-prop- Sec. 3753. Whenever any property owned or held by the United 
erty from attach- States, or in which the United States have or claim an interest, shall 
ment. j n an y judicial proceeding under the laws of any State, district, or Ter- 

ritory, be seized, arrested, attached, or held for the security or satisfac- 
tion of any claim made against such property, the Secretary of the 
Treasury, in his discretion, may direct the Solicitor of the Treasury to 
cause a stipulation to be entered into by the proper district attorney 
for the discharge of such property from such seizure, arrest, attach- 
ment, or proceeding, to the effect that upon such discharge, the person 
asserting the claim against such property shall become entitled to all 
the benefits of this and the following section. Nothing herein contained 
shall, however, be considered as recognizing or conceding any right 
to enforce by seizure, arrest, attachment, or any judicial process, any 
claim against any property of the United States, or against any prop- 
erty held, owned, or employed by the United States, or by auy Depart- 
ment thereof, for any public use, or as waiving auy objection to any 
proceeding instituted to enforce any such claim. 
Payment. Sec. 3754. In all cases where a stipulation is entered into under the 

preceding section, and, in consequence thereof, the property is dis- 
charged, and final judgment is afterward given in the court of last resort 
to which the Secretary of the Treasury may deem proper to cause such 
proceedings to be carried, affirming the claim for the security or satis- 
faction of which such proceedings have been instituted, and the right of 
the person asserting the same to enforce it against such property by 
means of such proceedings, notwithstanding the claims of the United 
States thereto, such final judgment shall be deemed, to all intents aud 
purposes, a full aud final determination of the rights of such person, and 
shall entitle such person, as against the United States, to such rights as 
he would have had in ca-e possession of such property had not been 
changed. Whenever such claim is for the payment of money, and the 
same is by such judgment found to be due, the presentation of a duly 
authenticated copy of the record of such judgment and proceedings 
shall be sufficient evidence to the proper accounting officers for the 
allowance thereof; and the same shall thereupon be allowed and paid 
out of any moneys in the Treasury not otherwise appropriated. The 
amount so to be allowed and paid shall not, however, exceed the value 
of the interest of the United States in the property in question. 



237 
QUARANTINE. 



Sec. 

4797. Removal of revenue officers from port when 

contagious disease, &c. 

4798. Removal of public officers from the capital 

4799. Adjournment of courts. 

4800. Removal of prisoners. 



Sec. 

479-2. State health-laws to he observed by United 
States officers, &c. 

4793. Discharge of cargo of vessel in quarantine. 

4794. Erection of quarantine warehouses. 

4795. Deposit of goods in warehouse. 

4796. Extending time for entry of vessels subject 

to quarantine. 

Sec. 4?9'2. The quarantines and other restraints established by the Title 58. 
health-laws of any State, respecting airy vessels arriving in, or bound gt ate he alt h- 
to, any port or district thereof, shall be duly observed by the officers of laws to be ob- 
the customs revenue of the United States, by the masters and crews of served by United 
the several revenue-cutters, and by the military officers commanding in States officers, &c. 
any fort cr station upon the sea-coast; and all such officers of the 
United States shall faithfully aid in the execution of such quarantines 
and health-laws, according to their respective powers and within their 
respective precincts, and as they shall be directed, from time to time, 
by the Secretary of the Treasury. But uothiug in this Title shall enable 
any State to collect a duty of tonnage or impost without the consent of 
Congress. 

Sec. 4793. Whenever, by the health-laws of any State, or by the reg- , I) o , i8C f nar f :e 1 ? f 
ulatious made pursuant thereto, any vessel arriving within a collection- q^antine ss 
district of such State is prohibited from coming to the port of entry or 
delivery by law established for such district, and such health-laws re- 
quire or permit the cargo of the vessel to be unladen at some other 
place within or near to such district, the collector, after due report to 
him of the whole of such cargo, may graut his w^arraut or permit for 
the unlading and discharge thereof, under the care of the surveyor, or 
of one or more inspectors, at some other place w r here such health-laws 
permit, and upon the conditions aud restrictions which shall be directed 
by the Secretary of the Treasury, or which such collector may, for the 
time, deem expedient for the security of the public revenue. 

Sec. 4794. There shall be purchased or erected, under the orders of Erection of 
the President, suitable warehouses, with wharves aud inclosures, where houses ^ Ware " 
merchandise may be uuladen and depdsited, from any vessel which shall 
be subject to a quarantine, or other restraint, pursuant to the health- 
laws of any State, at such convenient places therein as the safety of the 
public revenue and the observance of such health-laws may require. 

Sec. 4795. Whenever the cargo of a vessel is unladen at some other Deposit of 
place than the port of entry or delivery under the foregoing provisions, goods in ware- 
all the articles of such cargo shall be deposited, at the risk of the parties houses, 
concerned therein, in such public or other warehouses or inclosures as 
the collector shall designate, there to remain under the joint custody of 
such collector aud of the owner, or master, or other person having charge 
of such vessel, until the same are entirely unladen or discharged, and 
until the articles so deposited may be safely removed without contra- 
vening such health-law^. And when such removal is allowed, the col- 
lector having charge of such articles may grant permits to the respective 
owners or consignees, their factors or agents, to receive all merchandise 
which has been entered, and the duties accruing upon which have been 
paid, upon the payment by them of a reasonable rate of storage ; which 
shall be fixed by the Secretary of the Treasury for all public warehouses 
and inclosures. 

Sec. 4796. The Secretary of the Treasury is authorized, whenever a Extending time 
conformity to such quarantines and health-Jaws requires it, and in fo ^ entr y °f V es- 
respect to vessels subject thereto, to prolong the terms limited for the quarantine. 
entry of the same, aud the report or entry of their cargoes, and to vary 
or dispense with any other regulations applicable to such reports or 
entries. No part of the cargo of any vessel shall, however, in any case, 
be taken out or unladen therefrom, otherwise than is allowed bylaw, or 
according to the regulations hereinafter established. 

Sec. 4797. Whenever, by the prevalence of any contagious or epidemic Removal of rev- 
disease in or near the place by law established as the port of entry J^ 00 *^ 8 *™™ 
for any collection-district, it becomes dangerous or inconvenient for the tagious J disease" 
officers of the revenue employed therein to continue the discharge of &c. 
their respective offices at such port, the Secretary of the Treasury, or, 
in his absence, tin- First Comptroller, may direct the removal of the 
officers of the revenue from such port to any other more convenient 
place, within, or as near as may be to, such collection-district. Aud at 



238 

such place such officers may exercise the same powers, and shall be liable 
to the same duties, according to existing circumstances, as in the port 
or district established by law. Public notice of any such removal shall 
be given as soon as may be. [See § 1776.] * 
Removal of Sec. 4798. In case of the prevalence of a contagious or epidemic dis- 

p ti. l> 1 i c offices ease a £ tb. e seat of Government, the Presideut may permit and direct the 
lora e capi a . remova i f an y or a ^ ^he p U blic offices to such other place or places as 
he shall deem most safe and convenient for conducting the public busi- 
ness. [See § 1776.]* 
Adjournment Sec. 4799. Whenever, in the opinion of the Chief Justice, or, in case 

of courts. of his death or inability, of the senior associate justice of the Supreme 

Court, a contagious or epidemic sickness shall render it hazardous to 
hold the next stated session of the court at the seat of Government, the 
chief or such associate justice may issue his order to the marshal of the 
Supreme Court, directing him to adjourn the next session of the court to 
such other place as such justice deems convenient. The marshal shall 
thereupon adjourn the court, by making publication thereof in one or 
more public papers printed at the seat of Government from the time he 
shall receive such order until the time by law prescribed for commencing 
the session. The several circuit and district judges shall, respectively, 
under the same circumstauces, have the same power, by the same means, 
to direct adjournments of the several circuit and district courts to some 
convenient place within their districts respectively. [See § 1776.] * 
Removal of pris- Sec. 4800. The judge of any district court, within whose district any 

oners. contagious or epidemic disease shall at any time prevail, so as, in his 

opinion, to endanger the lives of persons confined in the prison of such 
district, in pursuance of any law of the United States, may direct the 
marshal to cause the persons so confined to be removed to the next 
adjacent prison where such disease does not prevail, there to be confined 
until they may safely be removed back to the place of their first con- 
finement. Such removals shall be at the expense of the United States. 

BANK AND PRECEDENCE. 



Sec. 

1485. Precedence by length of service. 

1486. Length of service, how estimated. 

1487. Quarters. 

1488. Military command. 

1489. Processions, boards, &c. 

1490. Ensigns. 

1491. Warrant officers. 

1492. Officers of revenue marine. 



Sec. 

1466. Relative rank of Navy and Army officers. 

1467. Rank according to date. 

1468. Commanding officers of vessels and stations. 

1469. Aid or executive officer. 

1470. Staff officers, when to communicate directly 

•with commanding officers. 

1471. Chiefs of Bureaus. 

1472. Chief of Bureau, below rank of commodore. 

Title 15, Chap. 4. Sec. 1466. The relative rank between officers of the Navy, whether on 

■ r the active or retired list, and officers of the Army, shall be as follows, 

of Wvy and lineal rank onl y being considered : 

Army officers. The Vice-Admiral shall rank with the Lieuteuant-General. 

Eear-admirals with major-generals. 

Commodores with brigadier-generals. 

Captains with colonels. 

Commanders with lieutenant-colonels. 

Lieutenant-commanders with majors. 

Lieutenants with captains. 

Masters with first lieutenants. 

Ensigns with second lieutenants. 
Rank accord- Sec. 1467. Line officers shall take rank in each grade according to the 
ingtodate. dates of their commissions. 

Commanding Sec. 1468. Commanding officers of vessels of war and of naval sta- 
officers of ves- tions shall take precedence over all officers placed under their com- 
sels and stations. -i r r 

Aid or execu- Sec. 1469. The Secretary of the Navy may, in his discretion, detail a 
tive officer. jj ne ffi ceY to act as the aid or executive of the commanding officer of a 

vessel of war or naval station, which officer shall, when not impracti- 
cable, be next in rank to said commanding officer. Such aid or execu- 
tive shall, while executing the orders of the commanding officer on 
board the vessel or at the station, take precedence over all officers 
attached to the vessel or station. All orders of. such aid or executive 
shall be regarded as proceeding from the commanding officer, and the 
aid or executive shall have no independent authority in consequence of 
such detail. 

Title 19. * Sec. 1776. Whenever any public office is removed by reason of sickness which 

may prevail in the town or city where it is located, a particular account of the cost of 
such removal shall be laid belore Congress. 



239 

Sec. 1470. Staff officers, senior to the officers so detailed, shall have Rights of staff- 
the right to communicate directly with the commanding officer. officers. 

Sec. 1171. The chiefs of the Bureau of Medicine and Surgery, Provis- Chiefs of Bu- 
ions and Clothing, Steam Engineering, and Construction and Repair reaus ' 
shall have the relative rank of commodore while holding said position, 
and shall have, respectively, the title of Surgeon-General, Paymaster- 
General, Engiueer-in-Chief, and Chief Constructor. 

Sec. 1472. When the office of chief of Bureau is filled hy a line officer Cbief of Bu- 
below the rank of commodore, said officer shall have the relative rank^J^"^ 
of commodore during the time he holds said office. mauder. 

Sec. 1485. The officers of the staff corps of the Navy shall take prece- Precedence by 
dence in their several corps, and in their several grades, aud with offi- length of service. 
cers of the line with whom they hold relative rank according to length 
of service in the Navy. 

Sec. 14SG. In estimating the length of service for such purpose, the . Length of sery- 
severai officers of the staff corps shall, respectively, take precedence in^'ted estl " 
their several grades and with those officers of the line of the Navy with 
whom they hold relative rank who have been in the naval service sis 
years longer than such officers of said staff corps have been in said serv- 
ice : and officers who have been advanced or lost numbers on the Navy 
Register shall be considered as having gained or lost length of service 
accordingly. 

Sec. 14S7. No staff officer shall, in virtue of his relative rank or prece- Quarters, 
dence. have any additional right to quarters. 

Sec. 1488. The relative rank given by the provisions of this chapter to Military corn- 
officers of the Medical, Pay, and Engineer Corps shall confer no authority mand - 
to exorcise military command. 

Sec. 14S9. In processsions on shore, or courts-martial, summary courts, Processions , 
courts of inquiry, boards of survey, and all other boards, line and staff boards, &c. 
officers shall take precedence according to rank. 

Sec. 1490. Ensigns shall be steerage officers, unless assigned to duty Ensigns as 
as watch aud division officers. steerage officers. 

Sec. 1491. The President may, if he shall deem it conducive to the in- Warrant offi- 
terests of the service, give assimilated rank to boatswains, gunners, cers. 
carpenters, and sail-makers, as follows: After five years' service, to rank 
with ensigns, and after ten years' service, to rank with masters. 

Sec. 1492. The officers of the revenue-cutter service when serving, in Revenue -cutter 
accordance with law, as a part of the Navy, shall be entitled to relative officers serving 
rank, as follows: Captains, with and next after lieutenants commanding ^ part °* tlie 
in the Navy ; first lieutenants, with and next after lieutenants in the 
Navy : second lieutenants, with and next after masters in line in the 
Navy ; third lieutenants, with aud next after ensigns in the Navy. 

[See also under each grade and corps.] 

EATIONS. 

Sec. | Sec. 

1577. Rations of midshipmen. 1582. Short allowance. 

1576. Rations of other officers. 1583. Rations stopped for the sick. 

1579. When rations not allowed. 1584. Additional ration. 

1580. Navy ration ; constituents of. ' 1585. Commutation price of ration. 

1581. Substitutions in. | 1595. Xone to retired officers. 

Sec. 1577. Midshipmen and acting midshipmen in the Navy shall be Title 15, Chap. 8. 
entitled to one ration, or to commutation therefor. Rations of mid- 

shipmen. 

Sec. 1578. All officers shall be entitled to one ration, or to commuta- Rations of other 
tion therefor, while at sea or attached to a sea-going vessel. officers. 

Sec. 1579. No person not actually attached to and doing duty on When rations 
board a sea-going vessel, except the petty officers, seamen, and ordi- uot allowed, 
nary seamen attached to receiving-ships or to the ordinary of a navy- 
yard, and midshipmen, shall be allowed a ration. 

Sec. 1580. The Navy ration shall consist of the following daily allow- N a ration, 
ance of provisions to each person : One pound of salt pork, with half a constituents of. ' 
pint of beans or peas; or one pound of salt beef, with half a pound 
of Hour and two ounces of dried apples, or other dried fruit ; or three- 
quarters of a pound of preserved meat, with a half pound of rice, two 
ounces of butter, and one ounce of desiccated " mixed vegetables ;" or 
three-qiiarters of a pound of preserved meat, two ounces of butter, and 
two ounces of desiccated potatoes; together with fourteen ounces of 
biscuit, one-quarter of an ounce of tea, or one ounce of coffee or cocoa, 
and two ounces of sugar: and a weekly allowance of half a pint of 
pickles, half a pint of molasses, aud half a pint of vinegar. 



240 

S Ti b stitntions Sec. 1581. The following substitution for the components of the ration 
may be made when it is deemed necessary by the senior officer present 
in command : For one pound of salt beef or pork, one pound and a 
quarter of fresh meat or three-quarters of a pound of preserved meat ; 
for any or all of the -articles usually issued with the salted meats, vege- 
tables equal to the same in value; for fourteen ounces of biscuit, one 
pound of soft bread, or one pound of flour, or half a pound of rice ; for 
half a pint of beans or peas, half a pound of rice, and for half a pound 
of rice, half a pint of beans or peas. And the Secretary of the Navy 
may substitute for the ration of coffee and sugar the extract of coffee 
combiued with milk and sugar, if he shall believe such substitution to 
be conducive to the health and comfort of the Navy, and not to be 
more expensive to the Government than the present ration : Provided, 
That the same shall be acceptable to the men. 
Short allow- Sec. 1582. In case of necessity the daily allowance of provisions may 

ance. be diminished at the discretion of the senior officer present in command ; 

but payment shall be made to the persons whose allowance is thus di- 
minished, according to the scale of prices for the same established at 
the time of such diminution. And every commander who makes any 
diminution or variation shall give to the paymaster written orders 
therefor, specifying particularly the diminution or variation which is to 
be made, and shall report to his commanding officer, or to the Navy 
Department, the necessity for the same. 
Rations stopped s EC . 1533. Rations stopped for the sick on board vessels shall remain 
the sick. anc | k e accoun ted for by the paymaster as a part of the provisions of 
the vessels. [See $ 4812, Navy Hospitals.] 
Additional ra- Sec. 1584. An additional ration of tea or coffee and sugar shall be 
hereafter allowed to each seaman, to be provided at his first " turning 
out." 
Commutation g EC 1535 Thirty cents shall in all cases be deemed the commutation 

price of ration. . ,. ,, , T J ,. 

* price of the Navy ration. 

Retired offi- Sec. 1595. Kations shall not be allowed to officers on the retired list. 

EETIEED LIST MARINE CORPS. 

See Marine Corps. 
RETIRED OFFICERS OF THE NAVY. 



Sec. 

1443. After forty years' service. 

1444. After sixty-two years of age, or forty-five 

years of service. 

1445. Officers of certain ranks to he retired only 

for disability. 

1446. Officers who have received a vote of thanks. 

1447. Officers rejected from promotion. 

1448. Retiring-hoard. 

1449. Powers and duties of. 

1450. Oath of members. 

1451. Findings. 

145*2. Revision by the President. 

1453. Disability by an incident of the service. 

1454. Disability by other causes. 

1455. Not to he retired without a hearing. 

1456. Not to be retired for misconduct. 

1457. Privileges and liabilities. 

1458. Vacancies by retirement. 



Sec. 

1459. "Withdrawn from command. 

1460. Bear-admirals on retired list. 

1461. Retired officers ; promotion. 

1462. Active duty. 

1463. Assigned to command of squadrons and 

ships. 

1464. Commanders of squadrons, from what grades 

selected. 

1465. When restored to active list. 

1481. When retired for age or leugth of service. 

1482. Retired for causes incident to service. 

1588. Pay. 

1589. Pay of certain rear-admirals. 

1590. Pay of third assistant engineers. 

1591. Pay not increased by promotion. 

1592. Pay on active duty. 

1593. Pay of officers retired on furlough. 

1594. Transfer from furlough to retired pay. 



Title 15, Chap. 3. Sec. 1443. When any officer of the Navy has been forty years in the 
After forty serv ' ce °^ tne United States he may be retired from active service by the 
years' service. President upon his own application. 

After sixty-two Sec 1444. When any officer below the rank of Vice-Admiral is sixty- 
years of age, or ^yo years old, he shall, except in the case provided in the next section, 
service years ' be retired by the President from active service. 

offi ', ,. Sec. 1445. The two preceding sections shall not apply to any lieuten- 

tain ranks to be J ant-commander, lieutenant, master, ensign, midshipman, passed assistant 
retired only for surgeon, passed assistant paymaster, first assistant engineer, assistaut 
disability. surgeon, assistant paymaster, or second assistant engineer; and such 

officers shall not be placed upon the retired list, except on account of 
physical or mental disability. 
Officers who Sec. 144G. Officers on the active list, not below the grade of corn- 
have received a mander, who have, upon the recommendation of the President, received 
vote of thanks. ^ name, daring the war for the suppression of the rebellion, a vote of 
thanks of Congress for distinguished service, shall not be retired, ex- 
cept for cause, until they have been fifty-five years in the service of the 
United States. 



241 

Sec. 1447. When the case of any officer has beeu acted upon by a Officers rejected 
hoard of naval surgeons and an examining board for promotion, as pro- from promotion, 
vided in Chapter Four of this Title, and lie shall not have beeu recom- 
mended for promotion by both of the said boards, he .shall be placed 
upon the retired list. 

Sec. 1448. Whenever any officer, on being ordered to perform the duties Retiring-board, 
appropriate to his commission, reports himself unable to comply with 
such order, or whenever, in the judgment of the President, an officer is 
incapacitated to perform the duties of his office, the President, at his 
discretion, may direct the Secretary of the Navy to refer the case of such 
officer to a board of not more than niue nor less than five commissioned 
officers, two-fifths of whom shall be members of the "Medical Corns of 
the Navy. Said board, except the officers taken from the Medical C< rps, 
shall be* composed, as far as may be, of seniors in rank to the officer 
whose disability is inquired of. 

Sec. 1449. Said retiring-board shall be authorized to inquire into and Powers and du- 
determiue the facts touching the nature and occasion of the disability ties of. 
of any such officer, and shall have such powers of a court-martial and of 
a court of inquiry as may be necessary. 

Sec. 1450. The members of said board shall be sworn in each case to 0atll of mem . 
discharge their duties honestly and impartially. bers. 

Sec. 1451. When said retiring-board finds an officer incapacitated for Findings, 
active service, it shall also'find and report the cause which, in its judg- 
ment, produced his incapacity, and whether such cause is an incident of 
the service. 

Sec. 145*2. A record of the proceedings and decision of the board in Revision by the 

each case shall be transmitted to the Secretary of the Navy, and shall be President. 

laid by him before the President for his approval or disapproval, or orders 

iu the case. 

Sec. 1453. When a retiring-board finds that an officer is incapacitated Usability by 
r. .. . ... .P. . .. 7 , ,. . . -, ,-au incident ot the 

for active service, and that his incapacity is the result ot an incident ot serv i ce> 

the service, such officer shall, if said decision is approved by the Presi- 
dent, be retired fron active service with retired pay, as allowed by Chap- 
ter Eight of this Title. 

Sec^ 1454. When said board finds that an officer is incapacitated for Disability by 
active service and that his incapacity is not the result of any incident causes. 

of the service, such officer shall, if said decision is approved by the 
President, be retired from active service on furlough-pay, or wholly 
retired from service with one year's pay, as the President may deter- 
mine. 

Sec. 1455. No officer of the Navy shall be retired from active service, f . N( 1 )t ^J 56 rt ;- 
or wholly retired from the service, without a full and fair hearing before hearing™ ° U * 
such Navy retiring-board, if he shall demand it, except in cases where 
he may be retired by the President at his own request, or on account of 
age or length of service, or on account of his failure to be recommended 
by an examining board for promo r ion. 

Sec. 1456. No officer of the Navy shall be placed on the retired list be- .^"ot to be re 
cause of misconduct ; but he shall be brought to trial by court-martial ^ ed for miscon- 
for such misconduct. 

Sec. 1457. Officers retired from active service shall be placed on the privileges and 
retired list of officers of the grades to which they belonged respectively lties ' 

at the time of their retirement, and continue to be borne on the Navy 
Register. They shall be entitled to wear the uniform of their respective 
grades, and shall be subject to the rules and articles for the government 
of the Navy and to trial by general court-martial. The names of offi- 
cers wholly retired from the service shall be omitted from the Navy 
Register. 

Sec. 1458. The next officer in rank shall be promoted to the place of a Vacancies by 
retired officer, according to the established rules of the service ; and the retirement, 
same rule of promotion shall be applied successively to the vacancies 
consequent upon the retirement of au officer. 

Sec. 1459. Officers on the retired list shall be withdrawn from com- . Withdra wn 
maud, except in the case provided in sections fourteen hundred and sixty- rom commaiu ■ 
three and fourteeu hundred and sixty-four, and from the line of promo- 
tion on the active list. 

Sec. 1460. There maybe allowed upon the retired list of the Navy Rear-admirals 
nine rear-admirals by promotion on that list: Provided, That this sec- on retired list, 
tion shall not prevent the Secretary of the Navy from promoting to the 
grade of rear-admiral on the retired list, in addition to the number herein 
provided, those commodores who have commanded squadrons by order 

16 N L 



242 

of the Secretary of the Navy, or who have performed other highly meri- 
torious service. 
Retired officers; Sec. 1461. Officers on the retired list of the Navy shall be entitled to 
promotion. promotion as their several dates upon the active list are promoted : 

Provided, That no promotion shall be made to the grade of rear-admiral 
upon the retired list while there shall be in that grade nine rear-admi- 
rals by promotion on that list, exclusive of those so promoted by reason 
of having commanded squadrons by order of the Secretary of the Navy, 
or of having performed other highly meritorious service. No promotion 
to the grade of rear-admiral on the retired list while there shall be in 
that, grade the full number allowed by law. 
Active duty. Sec. 1462. No officer on the retired list of the Navy shall be employed 

on active duty except in time of war. 
Assigned to Sec. 1463. In time of war the President, by and with the advice and 
command of consent of the Senate, may detail officers on the retired list for the cnm- 
squadrons and mau a f squadrons and single ships, when he believes that the good of 
ps ' the service requires that they shall be so placed in command. 

Commanders of Sec. 1464. In making said details the President may select any officer 
squadrons, irom no ^ De j ow ^h e g ia( i e G f commander and assign him to the command of a 
lected. squadron, with the rank and title of "flag-officer ;" and any officer so 

assigned shall have the same authority and receive the same obedience 
from the commanders of ships in his squadron holding commissions of 
an older date than his that he would be entitled to receive if his com- 
mission were the oldest. 
When restored Sec. 1465. Retired officers so detailed for the command of squadrons 
to active list. and single ships may be restored to the active list, if, upon the recom- 
mendation of the President, they shall receive a vote of thanks of Con- 
gress for their services and gallantry in action against the enemy, and 
not otherwise. 
Title 15, Chap. 4. g E c. 1481. Officers of the Medical, Pay, and Engineer Corps, chaplains, 
"When retired P r °f essors °f mathematics, and constructors, who shall have served 
forage or length faithfully for forty-five years, shall, when retired, have the relative rank 
of service. of commodore; and officers of these several corps who have been or 

shall be retired at the age of sixty-two years, before having served for 
forty-five years, but who shall have served faithfully until retired, shall, 
on the completion of forty years from their entry into the service, have 
the relative rank of commodore. 
Re tired for Sec. 1482. Staif-officers, who have been or shall be retired for causes 
causes incident jxicicleot to the service before arriving at sixty-two years of age, shall 
have the same rank on the retired list as pertained to their position on 
the active list. 
Title 15, Chap. 8. Sec. 1588. The pay of all officers of the Navy who have been retired 
—j^ retired a ^ er forty-five years' service after reaching the age of sixteen years, or 
officers. wno h ave been or may be retired after forty years' service, upon their 

own application to the President, or on attaining the age of sixty-two 
years, or on account of incapacity resulting from long and faithful serv- 
ice, from wounds or injuries received in the line of duty, or from sickness 
or exposure therein, shall, when not on active duty, be equal to seventy- 
five per centum of the sea pay provided by this chapter for the grade or 
rank which they held, respectively, at the time of their retirement. The 
pay of all other officers on the retired list shall, when not on active duty, 
be equal to one-half the sea-pay provided by this chapter for the grade 
or rank held by them, respectively, at the time of their retirement. * 
Rear-admirals. Sec. 1589. Rear-admirals ou the retired list of the Navy, who were 
retired as captains when the highest grade in the Navy was captain, at 
the age of sixty-two years, or after forty-five years' service, and who, 
after their retirement, were promoted to the grade of rear-admiral, and 
performed the duties of that grade in time of war, shall be considered as 
having been retired as rear-admirals. 
Third assistant Sec. 1590. Officers who have been retired as third assistant engineers 
engineers. shall continue to receive pay at the rate of four hundred dollars a year. 

Pay not in- Sec. 1591. No officer, heretofore, or hereafter promoted upon the re- 
creased by pro- tired list, shall, in consequence of such promotion, be entitled to any 
motion. increase of pay. 

Pay on active Sec. 1592. Officers on the retired list, when on active duty, shall re- 
dnt y- ceive the full pay of their respective grades. 

Officers retired Sec. 1593. Officers placed on the retired list, on furlough pay, shall 
on furlough pay. receive only one-half of the pay to which they would have been entitled 
if on leave of absence on the active list. 

* Officers on retired list are not entitled to rations. See § 1595, p. 240. 



243 



Sec. 1594. The President by and with the advice and consent of the Transfer from 
Senate, may transfer any officer on the retired list from the furlough to +"^°"f.. b to re " 
the retired-pay list. 



tired pay, 



EESERVED TIMBER AND LANDS. 



Sec. ] Sec. 

-24oS. Live-oak and red-cedar lands. 2463. Clearance of vessels laden with live-oak, pros- 

8*5§. Selection of live-oak and red-cedar tracts. ecution of depredators. 

2460. Protection of live-oak and red-cedar timber. 4205. Duties of collectors of customs. 

2461. Catting or destruction of live-oak or red-ce- 5383. Depredations on timber-lauds. 

dar, penalty. Protection of shade-trees, fences, &c. 

9462. Vessels employed in carrying away live-oak 
and red-cedar, forfeiture of. 

Sec. 2458. The Secretary of the Navy is authorized, under the direc- Title 32, Chap. 11. 
tiou of the President, to cause such vacant and unappropriated lands of Live-oak and 
the United States as produce the live-oak aud red-cedar timbers to he red-cedar lands, 
explored, and selection to be made of such tracts or portions thereof, 
where the principal growth is of either of such timbers, as in his judg- 
ment may be necessary to furnish for the Navy a sufficient supply of the 
same. 

SEC. 2459. The President is authorized to appoint surveyors of public Selection of 
lands, who shall perform the duties prescribed in the preceding section, live-oak andred- 
aud report to him the tracts by them selected, with the boundaries as- cedar tracts - 
certain ed and accurately designated by actual survey or water-courses ; 
aud the tracts of land thus selected with the approbation of the Presi- 
dent shall be reserved, unless otherwise directed by law, from any fu- 
ture sale of the public lands, and be appropriated to the sole purpose of 
supplying timber for the Navy of the Uuited States ; but nothing in this 
section coutaiued shall be construed to prejudice the prior rights of auy 
person claiming lands, which may be reserved in the manner herein 
provided. 

SEC. 2460. The President is authorized to employ so much of the land _ Protection of 
aud naval forces of the United States as may be necessary effectually toc^ar^hnbei- 1 ^ 
prevent the felling, cutting down, or other destruction of the timber of 
the United States in Florida, aud to prevent the transportation or carry- 
ing away any such timber as may be already felled or cut down ; and to 
take such other and further measures as may be deemed advisable for 
the preservation of the timber of the Uuited States in Florida. 

Sec. 2461. If any person shall cut, or cause or procure to be cut, or aid, Cutting or de - 
assist, or be employed in cutting, or shall wantonly destroy, or cause or ^^^^d^ dar 
procure to be wantonly destroyed, or aid, assist, or be employed in wan- penalty^ 
tonly destroying any live-oak or red-cedar trees, or other timber stand- 
ing, growing, or being on auy lands of the Uuited States, which, in pur- 
suance of any law passed, or hereafter to be passed, have been reserved 
or purchased for the use of the United States, for supplying or furnishing 
therefrom timber for the Navy of the Uuited States; or if any person 
shall remove, or cause or procure to be removed, or aid, or assist, 
or be employed in removing from anv such lands which have been 
reserved or purchased, any live-oak or red-cedar trees, or other timber, 
unless duly authorized so to do, by order, in writing, of a competent offi- 
cer, aud for the use of the Navy of the United States ; or if any person 
shall cut. or cause or procure to be cut, or aid, or assist, or be employed 
in cutting any live-oak or red-cedar trees, or other timber on, or shall 
remove, or cause or procure to be removed, or aid, or assist, or be em- 
ployed in removing auy live-oak or red-cedar trees or other timber, from 
any other lands of the United States, acquired, or hereafter to be ac- 
quired, with intent to export, dispose of, use, or employ the same in any 
manner whatsoever, other than for the use of the Navy of the United 
States : every such person shall pay a line not less than triple the value 
of the trees or timber so cut, destroyed, or removed, and shall be im- 
prisoned not exceeding twelve months. [See $ 4751, PENSION Fuxd.] 

- . 'Z IG2. If the master, owner, or consignee of any vessel shall know- Vessels employ - 
ingly take on board any timber cut on lands which have been reserved ed in carry i rig 
or purchased as in the preceding section prescribed, without proper an- away live-oak 
thority, and for the use of the Navy of the United States ; or shall take an 



on board any Live-oak or red-cedar timber cut on any other lands of the 
United States, with intent to transport the same to any port or place 

within the United States, or to export the same to any foreign country, 
the vessel on board of w.iich the same shall be taken, transported, or 
seized, shall, with her tackle, apparel, and furniture, be wholly forfeited 



forfeiture of. 



244 

to the United States, and the captain or master of such vessel wherein 
the same was exported to any foreign country against the provisions 
of this section shall forfeit and pay to the United States a sum not exceed- 
ing one thousand dollars. [See § 4751, Pension F'und, Navy.] 
Clearance of Sec. 2463. It shall be the duty of all collectors of the customs within 
vessels lad en flj e States of Alabama, Mississippi, Louisiana, and Florida, before allow- 
prosecutionof de- * U S a clearance to any vessel laden in whole or in part with live-oak 
predators. timber, to ascertain satisfactorily that such timber was cut from private 

laods, or, if from public ones, by consent of the Navy Department. And 
it is also made the duty of all officers of the customs, and of the land 
officers within those States, to cause prosecutions to be seasonably insti- 
tuted against all persons kuown to be guilty of depreciations on, or in- 
juries to, the live-oak growing on the public lands. [See § 4751, Pen- 
sion Fund, Navy.] 
Title 48, Chap. 2. Sec. 4205. C .Hectors of the collection-districts within the States of 
Clearance of Florida, Alabama, Mississippi, andLouisiana, before allowing aclearance 
vessel laden with to any vessel laden in whole or in part with live-oak timber, shall ascer- 
live-oak. tain satisfactorily that such timber was cut from private lands, or, if 

from public lands, by consent of the Department of the Navy. 
Title 70, Chap. 3. Sec. 5388. Every person who unlawfully cuts, or aids or is employed 

— — — — — in unlawfully cutting, or wantonly destroys, or procures to be wantonly 

on timber lands! 8 destr0 .ved, any timber standing upon lands of the United States, which, 
in pursuance of law, may be reserved or purchas ed for military or other 
purposes, shall pay a fine of not more than rive hundred dollars, and be 
imprisoned not more than twelve months. 

An act to protect ornamental and other trees on government reservations and on 
lands purchased by the United States, and lor other purposes. 

March 3, 1875. g e n enacted by the Senate and House of Representatives of the United 
Cuttino- or in Slates of America in Congress assembled, That if any person or persons 
iuring trees on shall knowingly and unlawfully cut, or shall knowingly aid, assist, or 
lands of U. S. re- be employed in unlawfully cutting, or shall wantonly destroy or injure, 
S \ 1 V i f ° r *bnj 01 P rocure to De wantonly destroyed or injured, any timber-tree or any 
use. S6t ° rpU * shade or ornamental tree, or any other kind of tree, standing, growing, 
or being upon any lands of the United States, which, in pursuance of 
law, have been reserved, or which have been purchased by the United 
States for any public use, every such person or persons so offending, on 
conviction thereof before any circuit or district court of the United 
Punishment. States, shall, for every such offense, pay a fine not exceeding five hun- 
dred dollars, or shall be imprisoned not exceeding twelve mouths. 
.Breaking; fences Sec. 2. That if any person or persons shall knowingly and unlawfully 
. &c.,' inclosing break or destroy any fence, wall, hedge, or gate iuclosirjg any lands of 
lands of U. S. re- the United States, which have, in pursuance of any law, been reserved 
served or pur- or purchased by the Uuited Stales for auy public use, every such per- 
iise Set 0I PU 1C son s0 offending, on conviction, shall, for every such offense, pay a fine 
Punishment, not exceeding two hundred dollars, or be imprisoned not exceeding six 

months. 

Breakingfences. Sec. 3. That if any person or persons shall knowingly and unlawfully 

,<fec, and driving break, open, or destroy any gate, fence, hedge, or wall inclosing any lauds 

cattle, &C;, on to f the United States, reserved or purchased as aforesaid, and shall drive 

served for public an y cattle, horses, or hogs upon the lands aforesaid for the purpose of 

use . destroying the grass or trees on the said grounds, or where they may 

destroy the said grass or trees, or if any such person or persons shall 

knowingly permit his or their cattle, horses, or hogs to enter through 

Perm itting ail y f 8a i(j inclosures upon the lands of the United States aforesaid, 

, cattle, ^c^ «p- w h ere the said cattle, horses, or hogs may or can destroy the grass or 

closure's of* such trees or other property of the United States on the said land, every such 

I lands. person or persons so offending, on conviction, shall pay a fine not exceed- 

Punishment. j n g five hundred dollars, or be imprisoned not exceeding twelve months : 

Proviso. Provided, That nothing in this act shall be construed to apply to unsnr- 

veyed public lands and to public lands subject to pre-emption and 

homestead laws, or to public lands subject to an act to promote the 

• development of the mining resources of the United States, approved 

May tenth, eighteen hundred and seventy-two. 

Approved, March 3, 1875. 






245 



KEYEXTJE MARINE. 



Sec. 

2757. Revenue-officers to co-operate with the 
Xavy. 

2758. Powers of the Secretary of the Treasury. 

2759. Aid to vessels on the lakes. 
27(30. Powers and duties of officers of revenue- 
cutters. 

2761. Returns. 

2762. Further duties of officers. 

2763. Employment of small boats authorized. 

2764. Ensigns and pendants. 

2765. Immunities of officers. 



sec. 

2747. Revenne-entters. 

2745. Useless cutters may be sold. 

2749. Number of officers and men. 

2750. Grades of engineers. 

2751. Appointment of commissioned officers. 

2752. Qualifications of captains and lieutenants. 

2753. Compensation of officer of revenue-cutter 

service. 

2754. Wages of petty officers and crews. 

2755. Officers on duty entitled to one Navy ration 

per day. 

2756. Contracts for rations authorized. 

Sec. "2747. The President may, for the better seciiriug the collection Titie 34, Chap. 3. 
of import or tonnage duties, cause to be maiutaiued so many of the Piirr „, nQ „ „ . 
revenne-entters as may be necessary to be employed tor the protection ters , 
of the revenue, the expense whereof shall be paid out of such sum as 
shall be annually appropriated for the revenue-cutter service, aud not 
otherwise. [See $ 5318, INSURRECTION.] 

Sec. 2748. The President may from time to time cause such of the Use less cutters 
revenne-entters as have become unfit for further service to be sold; ami maybe sold, 
the proceeds shall be paid into the Treasury : Provided, That the Sec- 
retary of the Treasury may apply, in the purchase or construction of 
revenue-cutters, any unexpended balance of the proceeds of revenue- 
cutters sold by him uuder the authority of section two of th^ act of 
twentieth April, eighteen hundred aud sixty-six. chapter sixty-three. . 

Sec. '2749. The officers for each revenue- vessel shall be one captain, Xumber of offi- 
and one first, one second, and one third lieutenant, and for each steam- cers aud men. 
vessel, in additiou. one engineer and one assistant engineer ; but the 
Secretary of the Treasury may assign to any vessel a greater number 
of officers whenever in his opinion the nature of the service which she 
is directed to perform requires it. And vessels of both descriptions shall 
have such number of petty officers and men as in the opinion of the 
Secretary are required to make them efficient for their service. 

Sec. 2750. Tee grades of engineers shall be chief engineer, and first. Grades of en- 
aud second assistant engineer, with the pay and relative rank of first, g meers - 
second, and third lieutenant, respectively. 

Sec. 2751. The commissioned officers of the revenue-cutter service Appointment 
shall be appointed by the President, bv and with the advice and con- of commissioned 
sent of the Senate. [See $ 1492, nnder Rank.] officers. 

Sec. 2752 No person shall be appointed to the office of captain, first, Qualification s 
second, or third lieutenant, of any revenue-cutter, who does not adduce «f captains and 
competent proof of proficiency aud skill in navigation and seamanship, heutenants. 

Sec. 2753. The compensation of the officers of the revenue-cutter serv- Compensation 
ice shall be at the following rates while on duty : of officers ot rev- 

Captains, twenty-five hundred dollars a year each. ^ e " e " ou serv " 

First lieutenants and chief engineers, eighteen hundred dollars a year 
each. 

Second lieutenants and first assistant engineers, fifteen hundred dol- 
lars a year each. 

Third lieutenants and second assistant engineers, twelve hundred 
dollars a year each. 

And at the following rates while on leave of absence or while waiting 
orders : 

Captains, eighteen hundred dollars a year each. 

First lieutenants aud chief engineers, fifteen hundred dollars a year 
each. 

Second lieutenants aud first assistant engineers, twelve hundred dol- 
lars a year each. 

Third lieutenants and second assistant engineers, nine hundred dol- 
lars a year each. 

Six. 2754. The wages of petty officers and seamen of the revenue-cut- Wascesof petty 
ter service shall not exceed the average wages paid for like services on olficer9 aua * 
the Atlantic or Pacific coast, respectively, in the merchant service. crews. 

8kc. 2755. Bach officer of the revenue-otter service, while on duty, Officers on duty 
shall be entitled to one Navy ration per da v. * entitled to one 

1 Navy ration per 

day. 

SEC. 2756. The Secretary of the Treasn y may cause contracts to be Contracts for 
made fur the supply of rations for the officers aud men of the revenue- prions author- 
cutter.-. lzea ' 



246 

Revenue offi- Sec. 2757. The revenue-cutters shall, whenever the President so 

S,h t the°NavT ate directs > co-operate with the Navy, during which time they shall he un- 

3 " der the direction of the Secretary of the Navy, and the expenses thereof 

shall he defrayed hy the Navy" Department. [See $$ 1492, Rank, and 

5557, 5558, Slave-Thade.] 

Powers of the Sec. 2758. The Secretary of the Treasury may direct the performance 

Secretary of the f any service by the revenue-vessels which, in his judgment, is neces- 

leasuiy. gar y £ Qr ^ e protection of rhe revenue. 

Aid to vessels Sec. 2759. The revenue-cutters on the northern and northwestern 
on the lakes. lakes, when put in commission, shall be specially charged with aiding 
vessels in distress on the lakes. 
Powersanddu- g EC< 2760. The officers of the revenue-cutters shall respectively be 
revenue-cutters deemed officers of the customs, and shall be subject to the direction of 
such collectors of the revenue, or other officers thereof, as from time to 
time shall be designated for that purpose. They shall go on hoard all 
vessels which arrive within the United States or within four leagues of 
the coast thereof, if bound for the United States, and search and exam- 
ine the same, and every part thereof, and shall demaucl, receive, and cer- 
tify the manifests required to be on board certain vessels, shall affix and 
put proper fastenings on the hatches and other communications with 
the hold of any vessel, and shall remain on board such vessels until they 
arrive at the port or place of their destination. 
Returns. Skc. 2761. The master of any revenue-cutter shall make a weekly 

return to the collector, or other officer of the district under whose direc- 
tion it is placed, of the transactions of the cutter, specifying the vessels 
that have been boarded, their names and descriptions, the names of the 
masters, from what port or place they last sailed, whether laden or in 
ballast, to what nation belonging, and whether they have the necessary 
manifests of their cargoes on board, and generally all such matters as it 
may be necessary for the officers of the customs to know. 
Further du- Sec. 2762. The officers of revenue-cutters shall perform, in addition to 
ties of officers. ^, e dujties hereinbefore prescribed, such other duties for the collection 
and security of the revenue as from time to time shall be directed hy 
the Se« retary of the Treasury, not contrary to law. [See § 4792, under 

QUARANTINE.] 

Employment of Sec. 2763. The collector of each district may, with the approval of the 
small hoats au- Secretary of the Treasury, provide and employ such small open row and 
thonzed. sa jj |j 0aTS5 anc i persons to serve in them, as shall be necessary for the 

use of the surveyors and inspectors in going on board of vessels and 
. otherwise, for the better detection of frauds, 

pendalfts? & Sec - 2764 - Thc cutters and boats employed in the service of the rev- 

enue shall be distinguished from other vessels by an ensign and pendant, 
with such marks thereon as shall he prescribed by the President. If 
any vessel or boat, not employed in the service of the revenue, shall, 
within the jurisdiction of the United States, carry or hoist any pendant 
or ensign prescribed for vessels in such service, the master of the vessel 
„so offending shall be liable to a penalty of one hundred dollars. 
officers"" 11168 Sec - 27 ^ 5, Whenever any vessel liable to seizure or examination does 

not biing-to, on being required to do so, or on being chased by any cut- 
ter or boat which has displayed the pendant, and ensign prescribed for 
vessels in the revenue-service, the master of such cutter or boat may 
fire at or into such vessel which does not bring-to, after such peudant 
and ensign has been hoisted, and a gun has been fired by such cutter or 
boat as a signal ; and such master, and all persons acting by or under 
his direction, shall be indemnified from any penalties or actions for dam- 
ages for so doing. If any person is killed or wounded by such tiring, 
and the master is prosecuted or arrested therefor, he shall be forthwith 
admitted to bail. [See § 4843, Insane of the Navy.] 

REGULATIONS, ORDERS, &c. 

Sec | S^. „ . 

1547. Regulations established. | 1548. Copies to officers. 

Title 15, Chap. 7. Sec. 1547. The orders, regulations, and instructions issued by the 

~~- n 7T- "Secretary of the Navy prior to July 14, 1862, with such alterations as 

Keguia s. he may since have adopted, with the approval of the President, shall 

be recognized as the regulations of the Navy, subject to alterations 

adopted iu the same manner. 



247 

Sec. 1548. The Secretary of the Navy shall cause each commissioned Copy to be fur- 
or warrant officer of the Navy, on his entry into the service, to be f, ir .mshed to officers, 
nished with a copy of the regulations and general orders of the Navy 
Department then in force, and thereafter with a copy of all such as may 
he issued. 



KETURNS OFFICE. 

Sec. | Sec. 

513. Returns Office. 514. Indexes. 

513. Clerk to tile returns. I 515. Copies of returns. 

Skc. 512. The Secretary of the Interior shall from time to time provide Title II, Chap. S. 
a proper apartment, to be called the Returns Office, in which he shall Returns Office 
cause to be tiled the returns of contracts made by the Secretary of War, 
the Secretary of the Navy, and the Secretary of the Interior, and shall 
appoint a clerk of the first class to atteud to the same. [See §§ 3744- 
3747, Contracts.] 

Sec. 513. The clerk of the Returns Office shall file all returns made tu ^ erk t0 file re " 
to the Office, so that the same may be of easy access, keeping all returns urns * 
made by the same officer in the same place, and nuuiberiug them in the 
order in which they are made. 

Sec. 514. The clerk of the Returns Office shall provide and keep an Indexes, 
index-book, with the names of the contracting parties, and the number 
of each contract opposite to the names; and shall submit the index-book 
and returns to any person desiring to inspect it. 

Sec. 515. The clerk of the Returns Office shall furnish copies of such Copies of re- 
returns to auy person paying therefor at the rate of five cents for every turns. 
one hundred words, to which copies certificates shall be appended in 
every case by the clerk making the same, attesting their correctness, 
and that each copy so certified is a full and complete copy of the return. 



REVISED STATUTES— STATUTES AT LARGE. 

GENERAL PROVISIONS. 



Sec. 

1. Definitions. 

2. County. 

3. Vessel. 



Sec. 

4. Vehicle. 

5. Company, association. 

6. Seal. 



Be it enacted by the Senate and House of Representatives of the United States Title 1, Chap. 1. 
of America in Congress assembled, In determining the meaning of the Definitions 
revised statutes, or of any act or resolution of Congress passed subse- 
quent to February twenty-fifth, eighteen hundred and seventy-one, 
words importing the singular number may extend and be applied to 
several persons or things; words importing the plural number may 
include the singular ; words importing the masculine gender may be 
applied to females; the words "insane person" and "lunatic" shall 
include every idiot, non compos, lunatic, and insane person ; the word 
" person " may extend and be applied to partnerships and corporations, 
and the reference to any officer shall include auy person authorized by 
law to perform the duties of such office, unless the context shows that 
such words were intended to be used in a more limited sense ; and a 
requirement of an "oath" shall be deemed complied with by making 
affirmation in judicial form. 

Sec. 2. The word " county " includes a parish, or any other equiva- County. 
lent subdivision of a State or Territory of the United States. 

SEC. 3. The word '-vessel" includes every description of water-craft Vessel. 
or other artificial contrivance used, or capable of being used, as a means 
of transportation on water. 

Sec. 4. The word " vehicle" includes every description of carriage or Vehicle, 
other artificial contrivance used, or capable of being used, as a means 
of transportation on land. 



248 



Company, asso- 
ciation. 



Seal. 



Sec. 5. The word " company " or " association," when nseri in reference 
to a corporation, shall be deemed to embrace the words " successors and 
assigns of such company or association," in like manner as if these 
last-named words, or words of similar import were expressed. 

Sec. 6. In all cases where a seal is necessary by law to any commis- 
sion, process, or other instrument provided for by the laws of Congress, 
it shall be lawful to affix the proper seal by making an impression 
therewith directly on the paper to which such seal is necessary ; which 
shall be as valid as if made on wax or other adhesive substance. 



FORM OF STATUTES AND EFFECT OF REPEALS. 



Sec. ' \ 

7. Enacting clause. 

8. Resolving clause. 

9. Xo euaetiug words after first section. 
10. Numbering and frame of sections. 



Sec. 

11. Title of appropriation acts. 

12. Repeal not to revive former act. 

13. Repeals not to affect liabilities, unless, &c. 



Enacting clause • 



Resolving clause. 



Title 1, Chap. 2. Sec. 7. The enacting clause of all acts of Congress hereafter enacted 
shall be in the following form : " Be it enacted by the Senate and House 
of Representatives of the United States of America in Congress 
assembled." 

Sec. 8. The resolving clause of all joint resolutions shall be in the 
following form : " Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled." 
ISTo en acting Sec 9. No enacting or resolving words shall be used in any section 
words after first f au ac tj or resolution of Congress except in the first, 
section. & ^ 

Numbering and Sec. 10. Each section shall be numbered, and shall contain, as nearly 
frame of sections, as may be, a single proposition of enactment. 
^Title of appro- g EC# n The style and title of all acts making appropriations for the 
support of Government shall be as follows : "An act making appropria- 
tions (here insert the object) for the year ending June thirtieth, (here 
insert the calendar year.) 
Repeal not to Sec. 12. Whenever an act is repealed, which repealed a former act, 
revive former suc h former act shall not thereby be revived, unless it shall be expressly 
ac ' so pTovided. 

Repeals not to Sec. 13. The repeal of any statute shall not have the effect to release 
fiftect liabilities, or extinguish any penalty, forfeiture, or liability incurred under such 
statute, unless the repealing act shall so expressly provide, and such 
statute shall be treated as still remaining in force for the purpose of 
sustaining any proper action or prosecution for the enforcement of such 
penalty, forfeiture, or liability. 



LIMITATIONS. 



Sec. 

1043. Capital offenses. 

1044. Offenses not capital. 

1045. Eleeing from justice. 

1046. Crimes under tbe revenue laws. 



Sec. 
1047. 



1048. 



Penalties and forfeitures under laws of the 

United States. 
Parties beyond reach of process during the 

rebellion. 



Offers* 
capital. 



Title 14,Chap. 19. Sec. 1043. No person shall be prosecuted, tried, or punished for trea- 
Capital offenses son or °th° r capital offense, willful murder excepted, unless the indict- 
' meut is found within three years next after such treason or capital 
offense is done or committed, 
not Sec. 1044. No person shall be prosecuted, tried, or punished for any 
offense not capital except as provided in section one thousand and forty- 
six, unless the indictment is found or the information is instituted within 
two years next after such offense is committed. 
Eleeing from g ECt 1045. Nothing in the two preceding sections shall extend to any 
,li ce. person fleeing from justice. 

Crimes under Sec. 1046. No person shall be prosecuted, tried, or punished for any 
the revenue laws, crime arising under the revenue laws, or the slave-trade laws of the 
United States, unless the indictment is found or the information is in- 
stituted within five years next after the committing of such crime. 



249 



Sec. 1047. Xo suit or prosecution for any penalty or forfeiture, pecuui- Penalties arid 
ary or otherwise, accruing uuder the laws of the United States, shall be forfeitures under 
maintained, except in cases where it is otherwise specially provided, states. 
unless the same is commenced within rive years from the time when the 
penalty or forfeiture accrued : Provided, That the person of the offender, 
or the property liable for such penalty or forfeiture, shall, within the 
same period, be found within the United States ; so that the proper 
process therefor may be instituted and served against such person or 
property. 

Sec. 1048. In all cases where, during the late rebellion, any person Parties beyond 
could not, by reason of resistance to the execution of the laws of the reach of process 
United States, or of the iuterruptiou of the ordinary cours^ of judicial dr 
proceedings, be served with process for the commencement of any action, 
civil or criminal, which had accrued against him, the time during which 
such person was beyond the reach of legal prjcess shall not be taken 
as any part of the time limited by law for the commencement of such 
action. 



lion. 



REPEAL PROVISIONS. 



5595. What Revised Statutes embrace. 

5596. Repeal of acts embraced in revision. 

5597. Accrued rights reserved. 

5598. Prosecutions and punishments. 



Sec. 

5599. Acts of limitation. 

5600. Arrangement and classification of sections 

5601. Acts passed since December 1, 1873, not af- 

fected. 

Title 74. 



Sec. 5595. The foregoing seventy-three titles embrace the statutes 
of the United States general and permanent in their nature, in force on wi a t Pevised 
the 1st day of December, one thousand eight hundred aud seventy- statutes em- 
three, as revised and consolidated by commissioners appointed under brace. 
an act of Congress, aud the same shall be designated and cited, as The 
Revised Statutes of the United States. 

Sec. 5596. All acts of Congress passed prior to said first day of De- Repeal of acts 
cember oue thousand eight hundred and seventy-three, any portion of embraced in re- 
which is embraced in any section of said revision, are hereby repealed, vlslon - 
and the section applicable thereto shall be in force in lieu thereof; all 
parts of such acts not contained iu such revision, having been repealed 
or superseded by subsequent acts, or not being general aud permanent 
in their nature: Pro vided, That the incorporation into said revision of 
any general and permanent provision, taken from an act making appro- 
priations, or from an act containing other provisions of a private, local, 
or temporary character, shall not repeal, or in any way affect any appro- 
priation, or any provision of a private, local or temporary character, 
contained in any of said acts, hut the same shall remain in force; and 
all acts of Congress passed prior to said last-named day no part of which 
are embraced in said revision, shall not be affected or changed by its 
enactment. 

Sec. 5597. The repeal of the several acts embraced in said revision, Accrued rights 
shall not affect any act done, or any right accruing or accrued, or any reserve< i. 
suit or proceeding had or commenced in any civil cause before the said 
repeal, but all rights and liabilities under said acts shall continue, aud 
may be enforced in the same manner, as if said repeal had not been 
made : nor shall said repeal, in any manner affect the right to any office, 
or change the term or teuure thereof. 

Sec. 5598. All offenses committed, aud all penalties or forfeitures in- Prosecutions 
curred uuder any statute embraced in said revision prior to said repeal, a n ^ punish- 
may be prosecuted and punished in the same manner and with the same men s " 
effect, as if said repeal had not been made. 

Sec. 5599. All acts of limitation, whether applicable to civil causes Acts of limita- 
and proceedings, or to the prosecution of offeuses, or for the recovery tion - 
of penalties or forfeitures, embraced in said revision aud covered by 
said repeal, shall not be affected thereby, but all suits, proceedings or 
prosecutions, whether civil or criminal, for causes arising, or acts done 
or committed prior to said repeal, may be commenced and prosecuted 
within the same time as if said repeal had not been made. 

Sec. 5600, The arrangement and classification of the several sections Arrangement 
of the revision have been made for the purpose of a more convenient and classification 
and orderly arrangement of the same, and therefore no inference or beotiona ' 
presumption of a legislative construction is to be drawn by reason of 
the Title, under which any particular section is placed. 



250 

Acts passed Sec 5601. The enactment of the said revision is not to affect or repeal 
Th"^ n^affe&tf ai1 ^ ac * °f Cougress passed since the 1st day of December one thousand 
e ' ( i. ' n ° a • "' eight hundred and seventy-three, aud all acts passed since that date are 
to have full effect as if passed after the enactment of this revision, and 
so far as such acts vary from, or conflict with any provision contained 
in said revision, they are to have effect as subsequent statutes, and as 
repealing any portion of the revision inconsistent therewith. 

An act providiug for publication of the revised statutes and the laws of the United 

States. 

June 20, 1S74. * # * # # * * 

Preparation of Sec. 2. That the Secretary of State is hereby charged with the duty 
Revised Statutes of causing to be prepared for printing, publication aud distribution the 
for printing, &c. re vised statutes of the United States enacted at this present session of 
Congress; that he shall cause to be completed the head notes of the 
several titles and chapters and the marginal notes referring to the stat- 
utes from which each section was compiled aud repealed by said revis- 
ion ; and references to the decisions of the courts of the United States 
explaining or expounding the same, and such decisions of State courts 
as he may deem expedient, with a full and complete index to the same. 
bv^Secretar 10 o° ^ n( ^ wuen tne same shall be completed, the said Secretary shall duly 
State; printed certify the same under the seal of the United States,* and when printed 
copies to be evi- aud promulgated as hereinafter provided, the printed volumes shall be 
de °? e 1 - . . legal evidence of the laws and treaties therein contained, in all the 
ion 0± r6V1S " courts of the United States, and of the several States and Territories. 

Revision relat- Sec. 3. That the revision of the statutes of a general and permanent 
ing to the Dis- nature, with the index thereto, shall be printed in one volume, aud shall 
trict - be entitled and labeled " Eevised Statutes of the United States ;" and 

the revision of the statutes relating to the District of Columbia ; to post- 
roads, and the public treaties in force on the first day of December, one 
thousand eight hundred and seventy-three, with a suitable index to 
each, shall be published in a separate volume, and entitled and labeled 
" Revised Statutes relating to District of Columbia aud Post-Roads. 
Public Treaties." 
To be stereo- Sec. 4. That the Secretary of State shall cause the two volumes to be 
typed, &c, at stereotyped and such number of each volume to be printed and sub- 
Prin^in^ Office 11 stautially bound at the Government Printing Office as he may deem 
Distribution needful, for public distribution as hereinafter provided, and for sale by 
and sale. his office. 

Preparation of Sec. 5. That he shall, in like manner, cause to be edited, printed, 
annual statutes, published and distributed pamphlet copies of the statutes of the present 
bound copies aa an( l ea °h future session of Congress, to the officers aud persons herein- 
after provided, and bound copies of the laws of each Congress to the 
number of two thousand copies to be distributed in the manner now 
provided by law, and uniform with the said edition of the revised 
statutes. 
Distribution of Sec. 6. That at the close of every session of Congress the Secretary of 
pamphlet copies state shall cause to be distributed pamphlet copies of the acts and re- 
sesskm? ° 6aC solves of Congress for that session, edited and printed in the manner 
aforesaid, as follows : * * * To the Navy Department, including 
those for the use of officers of the Navy, one hundred copies. * * * 
Preparation of Sec. 7. That after the close of each Congress the Secretary of State 
laws of each Con- sna ,ii have edited, printed and bound a sufficient number of the volumes 
gress ' containing the Statutes at Large enacted by that Congress to enable him 

Distribution, to distribute copies, or as many thereof as may be needed, as follows : 
* * * To the Navy Department, including a copy for the library at 
the Naval Academy at Annapolis, a copy for the library of each navy- 
yard in the United States, a copy for the library of the Brooklyn Naval 
Lyceum, and a copy for the library of the Naval Institute at Charles- 
town, Massachusetts, sixty-five copies. * * * 
Printed copies Sec. 8. That the said printed copies of the said acts of each session 
to be evidence. and q{ the gaid ^ ouu ^ cop j es f t he acts of each Congress shall be legal 
evidence of the laws aDd treaties therein contained, in all the courts of 
the United States and of the several States therein. 
Laws of each Sec. 9. That the said laws of each session of Congress shall also 
session to be be stereotyped and printed for sale as provided in respect to the said 
stereotyped. revised statutes. And the copies of the said revised statutes and 

of the said laws of each session of Congress, as issued from time to time, 

* The certificate to be given under the seal of the Department of State. Act of 
December 28, 1874. 



251 

shall be respectively sold at the cost of the paper, press work and bind- 
ing, with ten per cent, thereof added thereto, to any person applying for 
the same. And the proceeds of all sales shall be paid into the Treasury . 
******* 

Approved, June 20, 1874. 

An act providing for the authentication of the revised statutes of the United States 
and for preserving the originals of all laws in the Department of State. 

Be it enacted by the Senate and House of Representatives of the United Pee. 28, 1874. 
States of America in Congress assembled, That the certificate to the printed certificate to 
volume of the revised statutes of the United States required by section Revised Stat- 
two of "An act providing for publication of the revised statutes and utes, how to be 
laws of the United States," approved June twentieth, eighteen hundred made - 
and seventy-four, shall be made by the Secretary of State under the seal 
of the Department of State, aud so much of said section as provides that 
such certificate shall be under the seal of the United States is hereby 
repealed. 

Approved, December 28, 1874. 

An act providing for the distribution of the Revised Statutes of the United States. 

Be it enacted by the Senate and House of Representatives of the United Feb. 18, 75. 

States of America in Congress assembled, That the Secretary of State is ; 

hereby directed to furnish, for the use of the Senate, one thousand copies T j^ e °fst| t °te f 8 
of the Revised Statutes of the United States; and for the use of the US e f members 
House of Eepresentatives, three thousand copies of the same; to be dis- of Congress, 
tributed to the members of the present Congress. 

Sec. 2. That the Secretary of State is hereby authorized to make ar- Arrangement 
rangement with persons engaged in the business of selling books, to for sale of Re- 
keep on sale the Revised Statutes of the United States ; but in any such vised Statutes, 
arrangement it shall be provided that the same be sold at the Govern- 
ment price to all purchasers, and the Secretary may allow to any such 
person keeping the Revised Statutes for sale, such part of the ten per 
cent, above the actual cost, as he may deem just and reasonable. 

Approved, February 18, 1875. 

Editing, printing, sale, and distribution of Statutes at Large. 

Sec. 9. That the Secretary of State shall cause the statutes at large March 3, 1875. 

enacted by each Congress, which shall be edited and printed pursuant 

to the provisions of section seven of the act entitled "An act for publica- Sale of Statutes 
tion of the Revised Statutes and the laws of the United States," approved a arge ' 
June twentieth, eighteen hundred and seventy-four, to be stereotyped 
and offered for sale in the same manner and on the same terms as is pro- 
vided in and by section nine of said act herein mentioned in respect to 
the laws of each session of Congress. That the provisions of section two 
of the act entitled 'An act providing for the distribution of the Revised 
Statutes," approved February eighteenth, eighteen hundred and 
seventy-rive, shall apply to the statutes at large enacted by each Con- 
gress and to the laws of each session of Congress, to be published pursu- 
ant to said act of June twentieth, eighteen hundred and seventy-four, 
in the same manner as if specially mentioned therein. That the Con- Printing and 
gressional Printer be, and he is hereby directed, in causing to be printed binding. 
and bound an edition of the laws at the close of the session for the use 
of the Senate and the House of Representatives, to print the same from 
the stereotype plates of the edition prepared under the direction of the 
Department of State, with the index thereof; and so much of the act 
entitled "All act to expedite and regulate the printing of public docu- 
ments, and for other purposes," approved June twenty-fifth, eighteen 
hundred and sixty-four, as requires the preparation of an alphabetical 
index, under the direction of the Joint Committee on Printing, be aud 
the same is hereby, repealed. 

Approved, March 3, 1875. 

Sec. 1777. The various officers of the United States, to whom, in vir- Tit I 

tue of their offices and for the uses thereof, copies of the United States ~ : 

Statutes at Large, published by Little, Brown and Company, have been copSfoEstatutea 
or may be distributed at the public expense, by authority of Jaw, shall at Large. 
preserve such copies, and de-liver them to their successors respectively 
as a part of the property appertaining to the office. A printed copy of 
this section shall be inserted in each volume of the Statutes distributed 
to any such officers. 



252 

Act providing for authentication of the Kevised Statutes, &c. 

Deo. 28, 1874. Sec. 2. That section No. two hundred and four of the Revised Statutes 

■ shall hereafter read as follows: Whenever a bill, order, resolution or 

vote of the Senate and House of Representatives, having been approved 
by the President, or not having been returned by him with his objections, 
becomes a law or takes effect, it shall forthwith be received by the Secre- 
tary of State from the President ; and whenever a bill, order, resolution 
or vote is returned by the President with his objections, and, on being 
reconsidered, is agreed to be passed, and is approved by two-thirds of 
both Houses of Congress, and thereby becomes a law or takes effect, it 
shall be received by the Secretary of State from tin President of the 
Senate, or Speaker of the House of Representatives in whichsoever 
House it shall last have been so approved, and he shall carefully preserve 
the originals. 

Approved, December 28, 1874. 

United States of America, 

Department of State. 

Whereas, by section 2 of an act entitled "An act providing for publi- 
cation of the Revised Statutes and the laws of the Uuited States," ap- 
proved June 20, 1874, it is provided as follows, viz: 

"Sec. 2. That the Secretary of State is hereby charged with the duty 
of causing to be prepared for printing, publication, and distribution, 
the Revised Statutes of the United States enacted at this present session 
of Congress ; that he shall cause to be completed the head-notes of the 
several titles and chapters, and the marginal notes referring to the stat- 
utes from which each section was compiled and repealed by said revision, 
and references to the decisions of the courts of the Uuited States ex- 
plaining or expounding the same, and such decisions of State courts as 
he may deem expedient, with a full and complete index to the same. 
And when the same shall be completed, the said Secretary shall duly 
certify the same under the seal of the United States, and when printed 
and promulgated as hereinafter provided, the printed volumes shall be 
legal evidence of the laws and treaties therein contained, in all the 
courts of the United States, and of the several States aud Territories." 

And whereas, by section 1 of an act entitled "An act providing for 
the authentication of the Revised Statutes of the United States and for 
preserving the originals of all laws in the Department of State," it is 
provided, "That the certificate to the printed volume of the Revised 
Statutes of the Uuited States required by said section 2 of the act of 
June 20, 1874, shall be made by the Secretary of State under the seal of 
the Department of State." 

Now, therefore, I, Hamilton Fish, Secretary of State, do hereby certify 
that the following are the " Revised Statutes of the United States" as 
enacted by Congress on the 22d day of Juue, 1874, prepared, printed, 
and published according to the provisions of the said first-meiitioned 
act of June 20, 1874. 

In witness whereof, I have hereunto subscribed my name and caused 
the seal of the Department of State to be affixed. 

Done at the city of Washington this twenty-second day of February, 
A. D. 1875, and of the Independence of the United States of America the 
ninety-ninth. 

[seal.] HAMILTON FISH. 

SAILMAKERS. 

See Warrant Officers. 

SALE OF CONDEMNED STORES, PUBLIC PROPERTY, &c. 



Sec. 

367*2. Statement of proceeds of sales. 

Disposition of useless orduance material. 



Sec. 

3617. Moneys to be deposited without deduction. 

3618. Proceeds of sales of material. 

3619. Penalty for withholding money. 

Title 40. Sec. 3617. The gross amount of all moneys received from whatever 

~r; — 1 — r~ source for the use of the United States, except as otherwise provided in 

deposited with. 6 the next section, shall be paid by the officer or agent receiving the same 
out deduction, into the Treasury, at as early a day as practicable, without any abate- 
ment or deduction on account of salary, fees, costs, charges, expenses, 
or claim of any description whatever. But nothing herein shall affect 
any provision relating to the revenues of the Post-Office Department. 



253 

Sec. 3618. All proceeds of sales of old material, condemned stores, Proceed sof 
supplies, or other public property of any kind, except the proceeds of the sales ot material - 
sale or leasing of marine hospitals, or of the sales of revenue-cutters, or 
of the sales of commissary sto/es to the officers and enlisted men of the 
Army, or of the sale of condemned Navy clothing, or of sales of materials, 
stores, or supplies to any exploring or surveying expedition authorized 
by law, shall be deposited and covered into the Treasury as miscel- 
laneous receipts, on account of " proceeds of Government property," 
and shall not be withdrawn or applied, except in consequence of a sub- 
sequent appropriation made bv law. [See § 1541, Vessels of the 
Navy.] 

Sec. 3619. Every officer or agent who neglects or refuses to comply Penalty for 
with the provisions of section thirty-six hundred and seventeen shall be wi fc h hoi din g 
subject to be removed from office, and to forfeit to the United States mouey " 
any share or part of the moneys withheld, to which he might otherwise 
be entitled. Tm ,. 

Sec. 3672. A detailed statement of the proceeds of all sales of old ' 

material, condemued stores, supplies, or other public property of any Statement of 
kind, shall be included in the appendix to the book of estimates. See § process of sales 
3692, p. 12. . ' »f o^ material. 

[From an act making appropriations for sundry civil expenses.] 

That the Secretary of the Navy is authorized to dispose of the use- March 3,1875.. 
less ordnance material on hand at public sale, according to law, the net — 77. f 
proceeds of which shall be turned into the Treasury ; and an amount ordnance 1 ^ate- 
equal to the same is hereby appropriated, to be applied to the purpose rial, 
of procuring a supply of material adapted in manufacture and calibre 
to the present wants of the service; but there shall be expended, under 
this provision, not more than seventy-five thousand dollars in one year. 

Approved March 3, 1875. 

SALVAGE. 

See Pkize. 

SEAMED— MEECHANT. 



Sec. 

4501. Appointment of shipping-commissioners. 

4502. Bond and oathot commissioners. 

4503. "When officers of the customs shall act as 

commissioners. 

4504. Penalty for unlawfully acting as commis- 

sioner. 

4505. Clerks of commissioner. 

4506. Seal of commissioner. 

4507. Office of commissioner. 

4508. Duties of commissioner. 

4511. Shipping-articles. 

4512. Rules for shipping-articles. 

4513. Exceptions as to shipping-articles. 

4514. Penalty for shipping without agreement. 

4515. Penalty fur knowingly shipping seamen 

without articles. 

4516. Lost seamen may be replaced. 

4517. Shipping seamen in foreign ports. 

4518. Penalty lor violating preceding section. 

4538. Effects of deceased seamen. 

4539. Proceedings in regard to effects. 

4540. Penalty for neglect in regard to seamen's 

effects. 

4541. Duties of consular officers in regard to de- 

ceased seamen's effects. 



Sec. 

4548. "Wages payable in gold. 

4559. Appointment of inspectors by consul in for- 

eign ports. 

4560. Report of inspectors. 

4561. Discharge of seamen on account of unsea- 

worthiness of vessel. 

4562. Payment of charges for inspection. 

4563. Refusal to pay wages, charges, and damages; 

pena'ty. 

4565. Examination of provisions. 

4566. Forfeiture for false complaint. 

4567. Permission to enter complaint. 

4577. Return of seamen. 

4578. Penalty for refusal to receive seamen. 

4579. Additional allowance for transportation of 

destitute seamen. 

4580. Extra wages on discharge. 

4581. Penalty for neglect to collect extra wages. 

4582. Extra wages upon discharge in case of sale. 

4583. When extra wages may be remitted. 

4584. Disposal of extra wages. 

4588. Certificate of citizenship. 

4589. Protest upon impressment. 

4600. Reclamation and discharge of deserters. 
5363. Abandonment of mariners. 



Six. 4501. The several circuit courts within the jurisdiction of which Title 53, Chap. 1. 

there is a port of entry which is also a port of ocean navigation, shall — ~ r~ — " 

appoint a commissioner for each such port which in their judgment of gMppYng-Tom- 
may require the same, such commissioners to be termed shipping-corn- missionere. 
inissioners ; and may, from time to time, remove from office any com- 
missioner whom the court may have reason to believe does not properly 
perform his duties, and shall then provide for the proper performance 
of his duties until another person is duly appointed in his place. Such 
courts shall regulate the mode of conducting business in the shipping- 
offices to be established by the shipping-commissioners as hereinafter 
provided ; and shall have full and complete control over the same, sub- 
ject to the provisions herein contained. 



254 

Bond and oath Sec. 4502. Everv shipping-commissioner so appointed shall give bond 
of commissioner. t() thc United States, conditioned for the faithful performance of the 
duties of his office, for a sum, in the discretion of the circuit judge, of 
not less than live thousand dollars, with two good and sufficient sure- 
ties therefor, to be approved by such judge; and shall take and sub- 
scribe the following oath before entering upon the duties of his office: 
" I do solemnly swear (or affirm, as the case may be) that I will support 
the Constitution of the United States, and that I will truly and faith- 
fully discharge the duties of a shipping-commissioner to the best of my 
ability, aud according to law." Such oath shall be indorsed on the 
commission or certificate of appointment, and signed by him, and cer- 
tified by the officer before whom such oath shall have been taken. 
^When officers g ECt 4503. In any port in which no shipping-commissioner shall have 
shall act Ts^om^ ^ eeD a PP ointec ^ t- ue whole or any part of the business of a shipping- 
missioners. commissioner shall be conducted by the colector or deputy collector of 

customs of such port ; and in respect of such business such custom-house 
shall be deemed a shipping-office, and the collector or deputy collector 
of customs to whom such business shall be committed, shall, for all pur- 
poses, be deemed a shipping-commissioner within the meaning of this 
Title. 
Penalty for nn- Sec 4504. Any person other than a commissioner under this Title, 
lawfully 'acting who shall perform or attempt to perform, either directly or indirectly, 
as commissioner. ^ ne ( | n ties which are by this Title set forth as pertaining to a shipping- 
commissioner, shall be liable to a penalty of not more than five hundred 
dollars. Nothing in this Title, however, shall prevent the owner, or 
consignee, or master of any vessel except vessels bound from a port in 
the United States to any foreign port, other than vessels engaged in 
trade between the United States aud the British North American pos- 
sessions, or the West India Islands, or the republic of Mexico, and ves- 
sels of the burden of seventy-five tons or upward bound from a port on 
the Atlantic to a port on the Pacific, or vice versa, from performing, 
himself, so far as his vessel is concerned, the duties of shipping-commis- 
sioner under this Title. Whenever the master of any vessel shall engage 
his crew, or any part of the same, in any collection-district where no 
shipping-commissioner shall have been appointed, he may perform for 
himself the duties of such commissioner. 
Clerks of com- Sec. 4505. Any shipping-commissioner may engage clerks to assist 
missioner. him in the transaction of the business of the shipping-office, at his own 

proper cost, and may, in case of necessity, depute such clerks to act for 
him in his official capacity ; but the shipping-commissioner shall be held 
responsible for the acts of every such clerk or deputy, and will be per- 
sonally liable for any penalties such clerk or deputy may incur by the 
violation of any of the provisions of this Title ; and all acts done by a 
clerk, as such deputy, shall be as valid and binding as if done by the 
shipping commissioner. 
Sealofcommis- Sec. 4506. Each shipping-commissioner shall provide a seal with 
sioner. which he shall authenticate all his official acts, on which seal shall be 

engraved the arms of the United States, aud the name of the port or 
Ibid. district for which he is commissioned. Any instrument, either printed 

or written, purporting to be the official act of a shipping-commissioner, 
and purporting to be under the seal and signature of such shipping- 
commissioner, shall be received as presumptive evidence of the official 
character of such instrument, and of the truth of the facts therein set 
forth. 
Office of com- Sec. 4507. Every shipping-commissioner shall lease, rent, or procure, 
missioner. a ^ j^g own cos ^ suitable premises for the transaction of business, and 

for the preservation of the books and other documents connected there- 
. with ; and these premises shall be styled the shipping-commissioner's 
office. 

Sec. 4508. The general duties of a shipping-commissioner shall be : 
missioner C ° m F' rst - To afford facilities for engaging seamen by keeping a register 
of their names and characters. 

Second. To superintend their engagement and discharge, in manner 
prescribed by law. 

Third. To provide means for securing the presence on board at the 
proper times of men who are so engaged. 
Fourth. To facilitate the making of apprenticeships to the sea service. 
Fifth. To perform such other duties relating to merchant seamen or 
merchant ships as are now or may hereafter be required by law. 



255 

Sec. 4511. The master of every vessel bound from a port in the United Title 53, Chap. 2. 
States to any foreign port other than vessels engaged in trade between shipping-arti- 
the United States and the British North American possessions, or the c i eSi 
West India Islands, or the republic of Mexico, or of any vessel of the 
burden of seventy-five tons or upward, bound from a port on the Atlan- 
tic to a port on the Pacific, or vice versa, shall, before he proceeds on 
such voyage, make an agreement, in writing or in print, with every sea- 
man whom he carries to sea as one of the crew, in the manner hereinafter 
mentioned ; and every such agreement shall be, as near as may be, in 
the form given in the table marked A, in the schedule annexed to this 
Title, and shall be dated at the time of the first signature thereof, and 
shall be signed by the master before any seaman signs the same, and 
shall contain the following particulars: 

First. The nature and. as far as practicable, the duration of the in- 
tended voyage or engagement, and the port or country at which the voy- 
age is to terminate. 

Second. The number and description of the crew, specifying their re- 
spective employments. 

Third. The time at which each seaman is to be on board, to begin 
work. 

Fourth. The capacity in which each seaman is to serve. 

Fifth. The amount of wages which each seaman is to receive. 

Sixth. A scale of the provisions which are to be furnished to each 
seaman. 

Seventh. Any regulations as to conduct on board, and as to fines, 
short allowance of provisions, or other lawful punishments for miscon- 
duct, which may be sanctioned by Congress as proper to be adopted, 
and which the parties agree to adopt. 

Eighth. Any stipulations in reference to advance and allotment of 
wages, or other matters not contrary to law. 

Sec. 4512. The following rules shall be observed with respect to Rules f or 8 hip- 
agreements : piug-articles. 

First. Every agreement, except such as are otherwise specially pro- 
vided for, shall be signed by each seaman in the presence of a shipping- 
commissioner. 

Second. When the crew is first engaged the agreement shall be signed 
in duplicate, and one part shall be retained by the shipping-commis- 
sioner, and the other part shall contain a special place or form for the 
description and signatures of persons engaged subsequently to the first 
departure of the ship, and shall be delivered to the master. 

Third. Every agreement entered into before a shipping-commissioner 
shall be acknowledged and certified under the hand and official seal of 
such commissioner. The certificate of acknowledgment shall be in- 
dorsed on or auuexed to the agreement ; and shall be in the following 
form : 
" State of , County of- : 

"On this day of , personally appeared before me, a 

shipping-commissioner in and for the said county, A. B., C. D., and E. 
F., severally known to me to be the same persons who executed the 
foregoing instrument, who each for himself acknowledged to me that he 
had read or had heard read the same ; that he was by me made ac- 
quainted with the conditions thereof, and understood the same ; and 
that, while sober and not in a state of intoxication, he signed it freely 
and voluntarily, for the uses and purposes thereiu mentioned." 

Sec. 4513. The preceding section shall not apply to masters of vessels Exception as to 
where the seamen are by custom or agreement entitled to participate snip pi ng-arti- 
in the profits or result of a cruise or voyage, nor to masters of coastwise cles - 
nor to masters of lake-going vessels that touch at foreign ports ; but 
seaman may, by agreement, serve on board such vessels a definite 
time, or, on the return of any vessel to a port in the United States, 
may reship and sail in the same vessel on another voyage, without the 
payment of additional fees to the shipping-commissioner, by either the 
seaman or the master. 

Skc. 4514. If any person shall be carried to sea, as one of the crew on p naltv for 
board of any vessel making a voyage as hereinbefore specified, without shipping without 
entering into an agreement with the master of such vessel, in the form agreement. 
and manner, and at the place and times in such cases required, the ves- 
sel shall be held liable for each such offense to a penalty of not more 
than two bundled dollars. But the vessel shall not be held liable for 
any person carried to sea, who shall have secretly stowed away himself 



256 

without the knowledge of the master, mate, or of any of the officers of 
the vessel, or who shall have falsely personated himself to the master, 
mate, or officers of the vessel, for the purpose of being carried to sea. 
Penalty for Sec. 4515. If any master, mate, or other officer of a vessel knowingly 
pin^o- seani en receives > or accepts, to he entered on board of any merchant-vessel, any 
without articles, seaman who has been engaged or supplied contrary to the provisions of 
this Title, tbe vessel on board of which such seaman shall be found 
shall, for every such seaman, be liable to a penalty of not more than two 
hundred dollars. 
Lost seamen g KC- 4516. In case of desertion, or of casualty resulting in the loss of 
may be rep ace . Qne or more se amen, the master may ship a number equal to the num- 
ber of whose services he has been deprived by desertion or casualty, and 
report the same to the United States consul at the first port at which he 
shall arrive, without incurring the penalty prescribed by the two preced- 
ing sections. 
Shipping sea- <§ec. 4517. Every master of a merchant- vessel who engages any sea- 
ports. in oreign man at a place out of the United States, in which there is a consular 
officer or commercial agent, shall, before carrying such seaman to sea, 
procure the sanction of such officer, and shall engage seamen in his pres- 
ence ; and the rules governing the engagement of seamen before a ship- 
ping-commissioner in the United States, shall apply to such engagements 
made before a consular officer or commercial agent; and upon every 
such engagement the consular officer or commercial agent shall indorse 
upon the agreement his sanction thereof, and an attestation to the effect 
that the same has been signed in his presence, and otherwise duly made. 
Penalty for vio- Sec. 4518. Every master who engages any seaman in any place in 
latiug preceding which there is a consular officer or commercial agent, otherwise than as 
section. required by the preceding section, shall incur a penalty of not more than 

one hundred dollars, for which penalty the vessel shall be held liable. 

Title 53, Chap. 3. Sec. 4538. Whenever any seaman or apprentice belonging to or sent 
Effects of de- h° me on an Y merchant-vessel, whether a foreign-going or domestic ves- 
ceased seamen, sel, employed on a voyage which is to terminate in the United States, 
dies during such voyage, the master shall take charge of all moneys, 
clothes, and effects which he leaves on board, and shall, if he thinks fit, 
cause all or any of such clothes and effects to be sold by auction at the 
mast or other public auction, and shall thereupon sign an entry in the 
official log-book, and cause it to be attested by the mate and one of the 
crew, containing the following particulars: 

First. A statement of the amount of money so left by the deceased. 

Second. In case of a sale, a description of each article sold, and the 
sum received for each. 

Third. A statement of the sum due to deceased as wages, and the 
total amount of deductions, if any, to be made therefrom. 
Proceedings in Sec. 4539, In cases embraced by the preceding section, the following 
regard to effects ru i es gi^n b e observed : 

(^deceased sea- Firgt Tf flie vessel procee cU at once to any port in the United States, 
the master shall, within forty-eight hours after his arrival, deliver any 
such effects remaining unsold, and pay any money which he has taken 
charge of, or received from such sale, and the balance of wages due to 
the deceased, to the shipping-commissioner at the port of destination in 
the United States. 

Second. If the vessel touches aud remains at some foreign port before 
coming to any port in the United States, the master shall report the 
case to the United States consular officer there, and shall give to such 
officer any information he requires as to the destination of the vessel and 
probable length of the voyage ; and such officer may, if he considers it 
expedient so to do, require the effects, money, and wages to be delivered 
aud paid to him, and shall, upon such delivery and payment, give to the 
master a receipt,- and the master shall within forty-eight hours after his 
arrival at his port of destination in the United States produce the same 
to the shipping-commissioner there. Such consular officer shall, in any 
such case, indorse and certify upon the agreement with the crew the 
particulars with respect to such delivery and payment. 

Third. If the consular officer does not require such payment and de- 
livery to be made to him, the master shall take charge of the effects, 
money, and wages, aud shall, within forty-eight hours after his arrival 
at his port of destination in the United States, deliver and pay the same 
to the shipping-commissioner there. 

Fourth. The master shall, in all cases in which any seaman or appren- 
tice dies during the voyage or engagement, give to such officer or ship- 



257 

pin ^-commissioner an account, in such form as they may respectively 
require, of the effects, money, and wages so to be delivered and paid; 
aud no deductions claimed in such account shall be allowed unless veri- 
fied by an entry iu the official log-book, if there be any; and by such 
other vouchers, if any, as may be reasonably required by the officer or 
shipping-commissioner to whom the account is rendered. 

Fifth. Upon due compliance with such of the provisions of this section 
as relate to acts to be done at the port of destination iu the United 
States, the shipping-commissioner shall grant to the master a certificate 
to that effect. Xo officer of customs shall clear any foreign-going ves- 
sel without the production of such certificate. 

Six. 4540. Whenever any master fails to take such charge of the Penalty for 
money or other effects of a seaman or apprentice during a voyage, or to °o mman'f ^t 
make such entries in respect thereof, or to procure such attestation to fects. 
sucb entries, or to make such payment or delivery of any money, wages, 
or effects of any seaman or apprentice dying during a voyage, or to give 
such account iu respect thereof as is above directed, he shall be account- 
able for the money, wages, and effects of the seaman or apprentice to 
the circuit court in whose jurisdiction such port of destination is situate, 
and shall pay and deliver the same accordingly ; and he shall, in addi- 
tion, for every such offense, be liable to a penalty of not more than 
treble the value of the money or effects, or, if such value is not ascer- 
tained, not more than two hundred dollars ; aud if any such money, 
wages, or effects are not duly paid, delivered, and accounted for by the 
master, the owner of the vessel shall pay, deliver, and account for the 
same, and such money and wages and the value of such effects shall be 
recoverable from him accordingly ; aud if he fails to account for and pay 
the same, he shall, in addition to his liability for tbe money and value, 
be liable to the same penalty which is incurred by the master for a like 
offense ; aud all money, wages, and effects of any seaman or apprentice 
dying during a voyage shall be recoverable iu the courts and by the 
modes of proceeding by which seamen are enabled to recover wages due 
to them. 

Sec. 4541. Whenever any such seaman or apprentice dies at anyplace Duties of con- 
out of the United States, leaviug any money or effects not on board of sular officers in 
his vessel, the consular officer of the United States at or nearest the ^gard to deceas- 
place shall claim and take charge of such money and effects, and shall, f ec ts. eaman S 
if he thinks fit, sell all or any of such effects, or any effects of any 
deceased seaman or apprentice delivered to him under the provisions of 
this Title, aud shall quarterly remit to the district judge for the district 
embracing the port from which such vessel sailed, or the port where the 
voyage terminates, all moneys belonging to or arising from the sale of 
the effects or paid as the wages of auy deceased seamen or apprentices 
which have come to his hands; and shall render such accounts thereof 
as the district judge requires." 

Sec. 454d. Moneys paid under the laws of the United States, byjj t j e 53 ch a n o 4 # 

direction of consular officers or agents, at any foreign port or place, as — 

wages, extra or otherwise, due American seamen, shall be paid in gold . Wages payable 
or its equivalent, without auy deduction whatever, any contract to the in s 
contrary notwithstanding. 

SEC. 4559. Upon a complaint in writing, signed by the first, or the Title 58, Chap. 5. 

second aud third officers and a majority of the crew, of any vessel while — " : " 

in a foreign port, that such vessel is iu an unsuitable condition to go to ins^cto^T In- 
sea, because she is leaky, or insufficiently supplied with sails, rigging, consul in foreign 
anchors, or any other equipment, or that the crew is insufficient to man port, 
her, or that her provisions, stores, and supplies are not, or have not 
been, during the voyage, sufficient and wholesome, thereupon, iu any of 
or like cases, the consul or a commercial agent who may discharge 
any duties of a consul, shall appoint two disinterested, -competent, prac- 
tical men, acquainted with maritime affairs, to examine into the causes 
of complaint, who shall, in their report, state what defects and defi- 
ciencies, if any, they find to be well founded, as well as what, in their 
judgment, ought to be done to put the vessel in order for the continu- 
ance of her voyage. 

. 4560. The inspectors appointed by any consul or commercial Ileport of in- 
agent. in pursuance of the preceding section, shall have full power to s P ector *- 
examine tin; vessel and whatever is aboard of her, so far as is pertinent 
to their inquiry, and also to hear and receive any other proofs which the 

.;,<: effects, af't< 1 1-'. x y< are, go to the fund for the relief of di.-abled 
ana destitute seamen. ' -J.'4j. 

17 N L 



258 

ends of justice may require ; and if, upon a view of the whole proceed- 
ings, the consul or other commercial agent is satisfied therewith, he may 
approve the whole or any part of the report, and shall certify such ap- 
proval ; or if he dissents, he shall certify his reasons for dissenting. 
Discharge of Sec. 4561. The inspectors in their report shall also state whether, in 
seamen on ac- t heir opinion, the vessel was sent to sea unsuitably provided in any ira- 
worthiness^of P ortailt or essential particular, by neglect or design, or through mistake 
vessel. or accident, and in case it was by neglect or desigu, and the consul or 

other commercial agent approves of such finding, he shall discharge 
such of the crew as require it, each of whom shall be entitled to three 
months' pay in addition to his wages to the time of discharge; but if, 
in the opinion of the inspectors, the defects or deficiencies found to ex- 
ist have been the result of mistake or accident, and could not, in the 
exercise of ordinary care, have been known and provided against before 
the sailing of the vessel, and the master shall, in a reasonable time, 
remove or remedy the causes of complaint, then the crew shall remain 
and discharge their duty; otherwise they shall, upon their request, be 
discharged, and receive each one month's wages in addition to their 
pay up to the time of discharge. [See §§ 1708, 1736, under head of 
Diplomatic Officers.] 
Payment of Sec. 4562. The master shall pay all such reasonable charges for in- 
charges for in- spection under such complaint as shall be officially certified to him under 
spection.i ^j 10 jj an( | f ^ e C013 snl or commercial agent ; but in case the inspectors 

report that the complaiut is without any good and sufficient cause, the 
master may retain from the wages of the complainants, in proportion 
to the pay of each, the amount of such charges, with such reasonable 
damages for detention on that account as the consul or commercial 
agent directing the inquiry may officially certify. 
Refusal to pay Sec. 4563. Every master who refuses to pay such wages and charges 
e^ a daina<^ CliarS sna ^ ^ e ^ aD ^ e ^o each person injured thereby in damages, to be recov- 
al'ty. m g S;pen "ered in any court of the United States in the district where such delin- 
quent may reside or be found, and in addition thereto be punishable by 
a fine of one hundred dollars for each offense. 
Examination of jg ECi 4555, Any three or more of the crew of any merchant- vessel of 
pro\isions. ^ e United States bonud from a port in the United States to auy for- 

eign port, or being of the burden of seventy-five tons or upward, and 
bound from a port on the Atlantic to a port on the Pacific, or vice versa, 
may complain to any officer in command of any of the vessels of the 
United States Navy, or consular officer of the United States, or ship- 
ping-commissioner or chief officer of the customs, that the provisions 
or water for the use of the crew are, at any time, of bad quality, unfit 
for use, or deficient in quantity. Such officer shall thereupon examine 
the provisions or water, or cause them to be examined; and if, on exam- 
ination, such provisions or water are found to be of bad quality and 
unfit for use, or to .be deficient in quantity, the person making such 
examination shall certify the same in writing to the master of the ship. 
If such master does not thereupou provide other proper provisions or 
water, where the same can be had, in lieu of any so certified to be of a 
bad quality and unfit for use, or does not procure the requisite quautity 
of any so certified to be insufficient in quantity, or uses auy provisions 
or water which have been so certified as aforesaid to be of bad quality 
and unfit for use, he shall, in every such case, be liable to a penalty of 
not more than one hundred dollars; and upon every such examination 
the officers making or directing the same shall enter a statement of the 
result of the examination in the log-book, and shall send a report thereof 
to the district judge for the judicial district embraciug the port to which 
such vessel is bound ; and such report shall be received in evidence in 
any legal proceedings. 
Forfeiture for Sec. 4566. If the officer to whom any such complaint, in regard to the 
false complaint, provisions or the water, is made, certifies in such statement that there 
was no reasonable ground for such complaint, each of the parties so 
complaining shall be liable to forfeit to the master or owner, out of his 
wages, a sum not exceeding one week's wages. 
Permission to Sec. 4567. If any seamen, while on board any vessel, shall state to 
enter complaint. ^he mas t e r that they desire to make complaint, in accordance with the 
two preceding sections, in regard to the provisions or the water, to a 
competent officer, against the master, the master shall, if the vessel is 
then at a place where there is any such officer, so soon as the service of 
the vessel will permit, and if the vessel is not then at such a place, so 
soon after her first arrival at such place as the service of the vessel will 



259 

permit, allow sucli seamen, or any of them, to go ashore, or shall send 
them ashore, in proper custody, so that they may be enabled to make 
snch complaint ; and shall, in default, be liable to a penalty of not more 
than one hundred dollars. 

Sec. 4577. It shall be the duty of the consuls, vice-consuls, commer- Return of sea- 
cial agents, and vice-commercial agents, from time to time, to provide msn - 
for the seamen of the United States, who may be found destitute within 
iheir districts, respectively, sufficient subsistence and passages to some 
port of tbe United States, in the most reasonable manner, at the expense 
of the United States, subject to such instructions as the Secretary of 
State shall give. The seamen shall, if able, be bound to do duty on 
board the vessels in which they may be transported, according to their 
several abilities. [See $$ 1719, 1736, Diplomatic Officers, and 5363.] 

SkC. 4578. All masters of vessels belongiug to citizens of the United Penalty for re- 
States, and bound to some port ot the same, are required to take such fasal to receive 
destitute seamen on board of their vessels, at the request of the consuls, seamen « 
vice-consuls, commercial agents, or vice-commercial agents, respectively, 
and to transport them to the port in the United States to which such 
vessel may be bound, on such terms, not exceeding ten dollars for each 
person, as may be agreed between the master and the consul or officer. 
Every such master who refuses the same on the request or order of such 
consul or officer shall be liable to the United States iu a penalty of one 
hundred dollars for each seaman so refused. The certificate of any such 
consul or officer, given under his hand and official seal, shall be pre- 
sumptive evidence of such refusal, in any court of law having jurisdic- 
tion for the recovery of the penalty. No master of any vessel shall, 
however, be obliged to take a greater number than two men to every 
one hundred tons burden of the vessel, on any one voyage. [See § 1719, 
Diplomatic Officers.] 

Sec. 4579. "Whenever distressed seamen of the United States are Additional al- 
transported from foreign ports where there is no consular officer of the lowance for 
United States, to ports of the United States, there shall be allowed detSTesSmen 
to the master or owner of each vessel, in which they are transported, 
fcuch reasonable compensation, in addition to the allowance now fixed 
by law. as shall be deemed equitable by the First Comptroller of the 
Treasury. 

Skc. 4580. Upon the application of any seaman to a consular officer Extra wages on 
for a discharge, if it appears to such officer that he is entitled to his dis- discharge. 
charge uuder any act of Congress, or according to the general principles 
or usages of maritime law, as recognized in the United States, the officer 
shall discharge such seaman ; and shall require from the master of the 
vessel from which such discharge shall be made, the payment of three 
months" extra wages, over and above the wages which may then be due 
to such seaman. When, however, after a full hearing of both parties, 
the cause of discharge is found to be the misconduct of the seaman, the 
consular officer may remit so much of the extra wages as would be, by 
section forty-five hundred and eighty-four, payable to the seaman. [See 
$$ 1708, 1719, 1736, Diplomatic Officers.] 

Skc. 4561. If any consular officer, when discharging any seaman, shall Penalty for 
neglect to require the payment of and collect the extra wages required ne S lect to collect 
to be paid in the case of the discharge of any seaman, he shall be ac- ex ia wage3- 
countable to the United States for the full amount of their share of such 
. and to such seaman to the full amount of his share thereof; and 
if any seaman shall, after his discharge, have incurred any expense 
for board or other necessaries at the place of his discharge, before ship- 
ping again, such expense shall be paid out of the share of three mouths' 
wages to which he shall be entitled, which shall be retained for that 
pin pose, and the balance only paid over to him. [See §§ 1719, 1736, 
Diplomatic Officers.] 

Skc. 45*2. Whenever a vessel belonging to a citizen of the United Extra wages 
States is sold in a foreign country, and her company discharged, or when I 1 ? 011 discharge, 
a seaman, a citizen of the United States, is, with his own consent, dis- in case 8a e * 
charged in a foreign country, it shall be the duty of the master to pro- 
duce to the consular officer, the certified list of his ship's company, aud 
to pay such consul or officer, for every seaman so discharged, designated 
on such list as a citizen of the United States, three months' pay, over 
and above the wages which may then be due to such seaman. 

Skc. 45*3. No payment of extra wages shall be required upon the "When oxtra 
discbarge of any seaman in cases where vessels are wrecked, or stranded, wages may bere- 
or condemned as unfit for service. If any consular officer, upon the mltted - 



260 

complaint of any seaman that he has fulfilled his contract, or that the 
voyage is continued contrary to his agreement, is satisfied that the con- 
tract has expired, or that the voyage has heen protracted by circum- 
stances beyond the control of the master, and without any design on 
his part to violate the articles of shipment, then he may, if he deems it 
just, discharge the mariner without exacting the three months 7 addi- 
tional pay. No payment of such extra wages, or any part thereof, shall 
be remitted in any case, except as allowed in this section. 
Disposal of ex- Sec. 4584. Whenever any consular officer upon the discharge of any 
tra wages. seaman demands or receives extra three months' wages for such sea- 
man, two-thirds thereof shall be paid by such officer to the seaman so 
• discharged, upon his engagement on board of any vessel to return to 
the United States. The remaining third shall be retained for the pur- 
pose of creating a fund for the payment of the passages of seamen, 
citizens of the United States, who may be derious of returning to the 
United States, and for the maintenance of American seamen who may 
be destitute, and may be in such foreign port; and the several sums 
retained for such fund shall be accounted for with the Treasury every 
six months by the persons receiving the same. [See § 1719, Diplomatic 
Officers.] 
Certificate of Sec. 4588. The collector of every district shall keep a book or books, 
citizenship. in which at the request of any seaman, being a citizen of the United 
States of America, and producing proof of his citizenship, authenticated 
in the manner hereinafter directed, he shall enter the name of such 
seaman, and shall deliver to him a certificate, in the following form, 
that is to say : " I, A. B., collector of the district of D., do hereby cer- 
tify, that E. F., .an American seaman, aged years, or thereabouts, 

of the height of feet inches, (describing the said seaman 

as particularly as may be,) has, this day, produced to me proof in the 
manner directed by law ; and I do hereby certify that the said E. F. is 
a citizen of the United States of America. In witness whereof, I have 

hereunto set my hand and seal of office, this day of ." It 

shall be the duty of the collectors to file and preserve the proofs of citi- 
zenship so produced. For each certificate so delivered, the. collectors 
shall be entitled to receive from the seaman applying for the same the 
sum of twenty-five cents. [See § 2174, Naturalization.] 
Protest upon Sec. 4589. The master of every vessel of the United States, any of 
impressment. ^ e crew whereof shall have been impressed or detained by any foreign 
power, shall, at the first port at which such vessel arrives, if such im- 
pressment or detention happened on the high seas, or if the same hap- 
pened within any foreign port, then in the port in which the same hap- 
pened, immediately make a protest, stating the manner of such impress- 
ment or detention, by whom made, together with the name and place of 
residence of the person impressed or detained ; distinguishing also 
whether he was an American citizen; and, if not, to what nation he be- 
longed. Such master shall also transmit, by post or otherwise, every 
such protest made in a foreign country, to the nearest consul or agent, 
or to the minister of the United States resident in such country, if any 
such there be ; preserving a duplicate of such protest, to be by him sent 
immediately after his arrival within the United States to the Secretary 
of State, together with information to whom the original protest was 
transmitted. In case such protest shall be made within the United 
States, or in any foreign country, in which no consul, agent, or minis- 
ter of the United States resides, the same shall, as soou thereafter as 
practicable, be transmitted by such master, by post or otherwise, to the 
Secretary of State. 
Title 53, Chap. 7. Sec. 4600. It shall be the duty of consular officers to reclaim deserters 

— — — — and discountenance insubordination by every means within their power ; 

and dfscnarVe°of an( ^ wuere tne local authorities can be usefully employed for that pur- 
deserters by con- pose, to lend their aid and use their exertions to that end, in the most 
snlar officers. effectual manner. In all cases where deserters are apprehended, the 
consular officer shall inquire into facts; and if he is satisfied that 
the desertion was caused by unusual or cruel treatment, the seaman 
shall be discharged, and receive in addition to his wages to the time of 
the discharge, three months' pay; and the officer discharging him shall 
enter upon the crew-list and shipping-articles the cause of discharge, 
and the particulars in which the cruelty or unusual treatment consisted, 
and subscribe his name thereto, officially. [See § 1736, under Diplo- 
matic Officers.] 



261 

Sec. 5363. Every master or commander of any vessel belonging, in Title 70, Chap. 3. 

whole or part, to any citizen of the United States, who, during his Forcible a ban- 
being abroad, maliciously and without justifiable cause forces any officer donment of offi- 
or mariner of such vessel on shore, in order to leave him behind in any cer or mariner in 
foreign port or place, or refuses to briug home again all such offi- foiei S Q P° r t- 
cers and mariners of such vessel whom he carried out with him as are 
in a condition to return aud willing to return, when lie is ready to pro- 
ceed on bis homeward voyage, shall be punisbed by a fine of not more 
than live hundred dollars, or by imprisonment not more than six 
months. 

SEAMEX IX THE NAVY. 



Sec. 

1407. Promotion of seamen. 

1410. Petty officers. 

1-117. Enlisted men, number of. 

1418. Term of enlistment. 

1419. Consent of parents aud guardians. 
14-20. Persons uot to be enlisted. 

14-21. Transfer from military to naval service. 
142-2. Men sent home at expiration of term. 
14-23. Subject to regulations, Sec. 
14-24. Limit of detention. 



Sec. 

1425. What to be contained in shipping-articles. 
142f>. Honorable discharge, to whom granted. 
1427. Form of honorable discharge. 

1429. Men entitled to honorable discharge. 

1430. Sale of wages and prize-money. 

1431. Duty as to granting leave and liberty. 
15G9. Enlisted men. 

1570. Additional pay for serving as firemen, &c. 
1572. Detention beyond term of enlistment. 
1d<3. Bounty-pay for re-enlisting. 



Sec. 1407. Seamen distinguishing themselves in battle or by extraor- Tide 15, Chap. 1. 

dinar? beroism in the line of their profession, may be promoted to for- ~^ 7. ~ 

-i" ,v. ,t j 1- n. ii • -,. Promotion of 

ward warrant officers, npon the recommendation of their commanding seamen to war . 

officer, approved by the flag-officer and Secretary of the Navy. And rant officers. Act 

npon such recommendation they sball receive a gratuity of one hundred of May 17, 1864. 

dollars and a medal of honor, to be prepared uuder the direction of the 

Navy Department. 

Six. 1410. All officers not holding commissions or warrants, or who Petty officers. 
are not entitled to them, except such as are temporarily appointed to 
the duties of a commissioned or warrant officer, and except secretaries 
and clerks, shall be deemed petty officers, and shall be entitled to obedi- 
ence, in tbe execution of their offices, from persons of inferior ratings. 

Sec. 1417. Tbe number of persons who may at one time be enlisted into Enlisted men, 
the Navy of the United States, including seamen, ordinary seamen, lands- number of. 
men, mechanics, firemen, coal-heavers, apprentices, and boys, sball not 
exceed eight thousand five hundred. 

Sec. 1418. Boys between the ages of sixteen and eighteen years may Term of enlist- 
be enlisted to serve in the Navy until they shall arrive at tbe age of meat, 
twenty-one years: other persons may be enlisted to serve for a period 
not exceeding five vears, unless sooner discharged by direction of the 
President. [See $ 1624, Art. 19, page 18.] 

Sec. 1419. Minors between the age of sixteen and eighteen years shall Consent of pa- 
not be enlisted for the naval service without the consent of their parents y ents autl guard- 
or guardians. [See § 1624, Art, 19, page 18.] ians - 

Sec. 1420. No minor uuder the age of sixteen years, no insane or in- Persons not to 
toxicated person, and no deserter from the naval or military service of enllsfced - 
the United States sball be enlisted in the naval service. [See Art, 19.] 

SEC. 1421. Any person enlisted in tbe military service of the United Transfer from 
States may, on application to the Navy Department, approved by military to naval 
tbe President, be transferred to the Navy or Marine Corps, to serve service - 
therein tbe residue of his term of enlistment, subject to the laws and 
regulations for tbe government of tbe Navy. But such transfer shall 
not release him from any indebtedness to the Government, nor, without 
tbe consent of the President, from any penalty incurred for a breach of 
military law. 

8ec. 1422. *Tbat it shall be the duty of the commanding officer of any Men ? en< i home 
fleet, squadron, or vessel acting singly, when on service, to send to au £* r^^lmlist- 
Atlantic or to a Pacific port of tbe United States, as their enlistment me nt in Navy, 
may have occurred on eitber tbe Atlantic or Pacific coast of the United 
Stat<->, in some public or other vessel, all petty-officers and persons of 
inferior ratings desiring to go there at the expiration of their terms of 
enlistment, or as soon tbereafter as may be, unless, in his opinion, the 
detention of such persons for a longer period should be essential to the Detention be- 
public interests, in which case be may detain them, or any of them, un-youd term, 
til the vessel to which they belong shall return to such Atlantic or Pa- 
cific port. All persons enlisted without the limits of the United States Persons enlist- 
may be discharged, on the expiration of their enlistment, either in a ed without limits 

___: p t ! oi CTmted States ; 

*As amended by act of March 3, 1875. discharge; deten- 

tion. 



262 

foreign port or in a port of the United States, or they may be detained 
as above provided beyond the term of their enlistment ; and that all 
persons sent home, or detained' by a commanding officer, according to 
re^flatioils^uitil tne P rovls i oris °f ^is act, shall be subject in all rt spects to the laws and 
return or dis- regulations for the government of the Navy until their return to an At- 
charge. Ian tic or Pacific port and their regular discharge; aud all persons so 

detained by such officer, or re-entering to serve until the return to an 
Atlantic or Pacific port of the vessel to which they belong, shall in no 
How long held ca se be held in service more than thirty days after their arrival in said 
ni rriYal V1Ce alter P or * 5 an( ^ tflat a ^ persons who shall be so detained beyond their terms 
of enlistment or who shall, after the termination of their enlistment, 
. voluntarily re-enter to serve until the return to an Atlantic or Pacific 

for^do^e n t i P o n P ort °^ * ne vesse l to which they belong, and their regular discharge 
service. therefrom, shall receive for the time during which they are so detained, 

This section to or shall so serve beyond their original terms of enlistment, an addition 
he contained in f one-fourth of their former pay: Provided, That the shipping-articles 
shipping-articles. s]iall jj erea f ter CO ntaiu the substance of this section. [See § J 572, infra.] 
Subject to reg- Sec. 1423. All persons sent home, or detained by a commanding offi- 
nl at ions while cer acc0 rding to the provisions of the preceding section, shall be sub- 
sent home or de- ; . ni ° , , r .-, -, -. r , ,. "j. ,, n 
tained. J ect m a ^ respects to the laws and regulations for the government of 
the Navy, until their return to an Atlantic port and their regular dis- 
charge. 
Limit of deten- Sec. 1424. Persons so detained by a commanding officer, or re-entering 
tlon - • to serve until the return to an Atlantic port of the vessel to which they 
belong, shall in no case be held in service more than thirty days after 
their arrival in said port. 
Whattohecon- Sec. 1425. The shipping articles shall contain the substance of the 
tained in ship- three sections next preceding and of section fifteen hundred and seventy- 
ping-articles. t wo> 

Honorable dis- Sec. 1428. Honorable discharges may be granted to seamen, ordinary 
charge, to whom seamen, landsmen, firemen, coal-heavers, and boys who have enlisted 
granted. ■ for three yeargi 

Form of honor- Sec. 1427. Honorable discharges shall be granted according to a form 
able discharge, prescribed by the Secretary of the Navy. 
Title 15, Chap. 2. Sec. 1429. It shall be the duty of every commanding officer of a ves- 

— — ; — sel, on returning from a cruise, and immediately on his arrival in port, 

entitfed t.ohonoT to forward to the Secretary of the Navy a list of the names of such of 
able discharge, the crew who enlisted for three years as, in his opinion, on being dis- 
charged, are entitled to an "honorable discbarge" as a testimonial of 
fidelity and obedience ; and he shall grant the same to the persons so 
designated. 
To discourage Sec. 1430. Every commanding officer of a vessel is required to dis- 
sale of prize-mo- courage his crew from selling any part of their prize-money, bounty- 
ney or wages, money, or wages, and never to attest any power of attorney for the 
transfer thereof until he is satisfied that the same is not granted in con- 
sideration of money given for the purchase of prize-money, bounty-money, 
or wages. [See § 4643, Prize.] 
Duty as to Sec. 1431. It shall be the duty of commanding officers of vessels, in 
granting leave granting temporary leave of absence and liberty on shore, to exercise 

carefully a discrimination in favor of the faithful and obedient. 
Title 15, Chap. 8. g EC . 1569. The pay to be allowed to petty officers, excepting mates, 
Pay of enlisted an< ^ * Be P av an( ^ bounty upon enlistment of seamen, ordinary seamen, 
men. firemen, and coal-heavers, in the naval service, shall be fixed by the 

President : Provided, That the whole sum to be given for the whole pay 
aforesaid, and for the pay of officers, and for the said bounties upon enlist- 
ments shall not exceed, for any one year, the amount which may, in such 
year, be appropriated for such purposes. 
Additional pay Sec. 1570. Every seaman, ordinary seaman, or landsman who performs 
for serving as ^ e flnty of a fireman or coal-heaver on board of any vessel of war shall 
heavers be entitled to receive, in addition to his compensation as seaman, ordi- 

nary seaman, or landsman, a compensation at the rate of thirty-three 
cents a day for the time he is employed as fireman or coal-heaver. 
Detention be- Sec. 1572. All petty officers and persons of iuferi or ratings who are de- 
vond term of en- tained beyond the terms of service, according to the provisions of section 
listment. fourteen hundred and twenty-two, or who, after the termination of their 

service, voluntarily re-enter, to serve until the return to au Atlantic 
port of the vessel to which they belong, and until their regular discharge 
therefrom, shall, for the time during which they are so detained or so 
serve beyond their original terms of service, receive an addition of one- 
fourth of their former pay. 



263 

Sec. 1573. If any seaman, ordinary seaman, landsman, fireman, coal- Bounty-pay for 
heaver, or boy, being honorably discharged, shall re-enlist for three re-enlisting, 
years, within three mouths thereafter, he shall, on presenting his hon- 
orable discharge, or on accounting in a satisfactory manner for its loss, 
be entitled to pay, during the said three months, equal to that to which 
he would have been entitled if he had been employed in actual service. 

SEA-SEKVICE. 

Sec. 1571. No service shall be regarded as sea service except such as Title 15, Chap. 8. 
shall be performed at sea, under the orders of a Department and in ves- sea-service, 
sels employed by authority of law. 

SECBETARIES AKD CLERKS. 



1337. Secretary to Admiral and Vice-Admiral. 
l3Sti. Clerks to paymasters of fleet, &a 
13??. When not allowed to paymasters. 



Sec. 

J383. Clerks of passed assistant and assistant pay- 
masters. 
1416. Certain clerks maybe discontinued. 
1556. Pay of secretaries and clerks. 



Sec. 1367. The Admiral and Vice-Admiral shall each be allowed a sec- Title 15, Chap. 1. 
rotary, who shall be entitled to the rank and allowances of a lieutenant secretaries to 
in the Navy. A.dmiral and 

Vice-Admiral. 

Sec. 13S6. Paymasters of the fleet, paymasters on vessels having com- Clerks to pay- 
plemente of more than one hundred and seventy-five persons, on supply- ^ as t ters d oi th t h e 
steamers, store-vessels, and receiving ships, paymasters at stations and ee an ° eis ' 
at the Xaval Academy, and paymasters detailed at stations as inspectors 
of provisions and clothing, shall each be allowed a clerk. 

Sec. 13S7. No paymaster shall be allowed a clerk in a vessel having "When not al- 
the complement of one hundred and seventy-five persons or le^s, except- lowed topaymas- 
ing in supply-steamers and store-vessels. ers ' 

.Sec. 1388. Passed assistant paymasters and assistant paymasters at- Clerks of pass- 
tached to vessels of war shall be allowed clerks, if clerks would heed assistant and 
allowed bv law to pavmasters so attached. assistant pay- 

J L " masters. 

Sec. 1416. The Secretary of the Navy is authorized, when in his opinion Civi l offices at 
the public interest will permit it, to discontinue the office or employment contiTme&bviec 
of auy measurer and inspector of timber, clerk of the yard, clerk of the rotary of the 
commandant, clerk of the store-keeper, clerk of the naval constructor, Navy. 
and the keeper of the magazine employed at any navy-yard, and to re- 
quire the duties of the keeper of the magazine to be performed by gun- 
ners. 

Sec. 1556. Secretaries to the Admiral and the Vice-Admiral, each two Title 15, Chap. 8. 

thousand five hundred dollars. — 

Pay of secretary 
to Admiral and 
Vice-Admiral. 

Secretaries to commanders of squadrons, two thousand dollars. Secretaries to 

Secretary of the Naval Academy, one thousand eight hundred dol- commanders of 
J J ' a squadrons and 

Clerks to commanders of squadrons and commanders of vessels, seven Clerks to corn- 
hundred and fifty dollars. manders of 

squadrons, &c. 

First clerks to commandants of navy-yards, one thousand five hundred Cler ^ s to com- 
-ii i_ j j i man d ants of 

GOiiai>. yards and sta- 

Second clerks to commandants of navy-yards, one thousand two hun-tions. 
dred dollars. 

Clerk to commandant of navy-yard at Mare Island, one thousand eight 
hundred dollars. 

Clerks to commandants of naval stations, one thousand five hundred 
dollars. 

Clerks to paymasters at navy-yards, Boston, New York, Philadelphia, Clerks to pay- 
and Washington, one thousand six hundred dollars ; Kittery, Norfolk, masters of yards 
and Pensacola, one thousand four hundred dollars; Mare Island, one and 8tatlons - 
thousand eight hundred dollars. 

Clerks to paymasters, at other stations, one thousaud three hundred 
dollar-. 

Clerks to paymasters of receiving-ships at Boston, New York, and Clerks to pay- 
Philadelphia, one thousand six hundred dollars; at Mare Island, one masters of receiv- 
thousand eight hundred dollars; of other receiving-ships, one thousand infips ' 
three hundred dollars. 



264 



Clerks to pay- Clerks to paymasters on vessels of the first rate, one thousand three 
masters of ves- buudred dollars ; on vessels of the secoud rate, one thousand one hun- 
dred dollars ; on vessels of the third rate, and supply-vessels and store- 
ships, one thousand dollars, 
paymasters Clerks to fleet paymasters, one thousand one hundred dollars. 

Clerks to pay- Clerks to paymasters at the Naval Academy and Naval Asylum, one 
mm te ald at ^ad- thoasand three hundred dollars. 
enay. 

C lerks to in- Clerks to inspectors in charge of provisions and clothing, at navy- 
spectors. yards, Boston, New York, Philadelphia, and Washington, one thousand 

six hundred dollars ; to inspectors in like charge at other inspections, 
one thousand three hundred dollars. 

SLAVE-TBADE, KIDNAPPING, &c. 



Sec. 

5556. Forfeiture of interest in vessels transport- 

ing slaves. 

5557. Seizure of vessels engaged in the slave-trade. 

5558. Proceeds of condemned vessels, how distrib- 

uted. 

5559. Disposal of persons found on board seized 

vessels. 

5560. Apprehension of officers and crew. 

5561. Removal of persons delivered from seized 

vessels. 

5562. Bounty. 

5563. To what port captured vessels sent. 

5564. When owners of foreign vessels shall give 

bond. 

5565. Distribution of penalties. 

5566. Contracts for reception in Africa of persons 

delivered from seized vessels. 

5567. Instructions to commanders of armed ves- 

sels. 

5568. Contracts for reception, &c, in West Indies 

of persons delivered from seized vessels. 

5569. Instructions to commanders of armed ves- 

sels. 



Sec. 

1046. Limitation of prosecution, &c. 

5377. Bringing into United States, or holding or 

selling persons as slaves. 

5378. Equipping vessels for slave-trade. 

5379. Transporting persons to be held as slaves. 

5380. Hovering on coast with slaves on board. 

5381. Serving in vessels engaged in transporting 

slaves. 

5382. Serving in foreign vessels employed in the 

slave-trade. 

5524. Receiving or carrying away any person to 

be sold or held as a slave. 

5525. Kidnapping. 

5526. Holding or returning persons to peonage. 

5527. Obstructing execution of laws prohibiting 

peonage. 

5551. Equipping, &c, vessel for slave-trade ; for- 

feiture of vessel. 

5552. Penalty on persons building, equipping, &c. 

5553. Forfeiture of vessel transporting slaves. 

5554. Penalty for receiving persons on board to 

be sold as slaves. 

5555. Forfeiture of vessel found hovering on 

coast, &e. 

Title 13, Chap. 19 . Sec. 1046. No person shall he prosecuted, tried, or punished for any 
Limitation of cr ' me arising under the revenne laws, or the slave-trade laws of the 
prosecution, &c. United States, unless the indictment is found or the information is in- 
stituted within five years next after the committing of such crime. 

Title 70, Chap. 3. Sec. 5377. Every person who hrings within the jurisdiction of the 
Bringing iuTo United States, in any manner whatsoever, any negro, mulatto, or per- 
Hnited States, or son of color, from any foreign kingdom or country, or from sea, or holds, 
holding or sell- sells, or otherwise disposes of, any negro, mulatto, or person of color so 
ing persons as brought in as a slave, or to he held to service or lahor, shall he fined 
not more than ten thousand dollars nor less than one thousand, one-half 
to the use of the United States, and the other half to the use of the 
party who prosecutes the indictment to effect, and, moreover, shall suf- 
fer imprisonment at hard lahor not more than seven years, nor less than 
three years. 

Sec. 5378. Every person who builds, fits out, equips, loads, or other- 
wise prepares, or sends away, either as master, factor, or owner, any 
vessel, in any port or place within the jurisdiction of the United States, 
or causes such vessel to sail from any port or place whatsoever, within 
such jurisdiction, for the purpose of procuring any negro, mulatto, or per- 
son of color from any foreign kingdom or country, to be transported to 
any port or place whatsoever, to he held, sold, or otherwise disposed of 
as a slave, or held to service or labor, shall be punished by a fine of not 
less than one thousand dollars, nor more than five thousand dollars, 
one-half to the use of the United States and the other half to the use 
of the person prosecuting the indictment to effect, and shall, moreover, 
be imprisoned at hard labor for a term not more than seven years, nor 
less than three years. [See §§ 5551, 5552.] 
Transporting Sec. 5379. Every citizen or other person resident within the jurisdic- 
persons to be tion of the United States, who takes on board, receives, or transports 
from any foreign kingdom or country, or from sea, any negro, mulatto, 
or person of color, in any vessel, for the purpose of holding, selling, 
or otherwise disposing of such person as a slave, or to be held to 
service or labor, shall be punished as prescribed in the preceding 
section. [See §§ 5524, 5553, 5554, 5558.] 



Equipping ves- 



sels for 
trade. 



slave- 



held as slaves. 



265 

Sec. 5380. Every captain, master, or commander of any American Hovering on 
vessel found in any river, port, bay, harbor, or on the high seas, within g^J* te ^ ^vYth 
the jurisdictional limits of the United States, or hovering on the coast slaves on board, 
thereof, having on board any negro, mulatto, or person of color for the 
purpose of selling them as slaves, or with intent to land the same for 
any such purpose, shall he fined not more than ten thousand dollars, 
and be imprisoned at hard labor not less than two years, nor more than 
four years. [See v^ 5555.] 

Sec. 5381. Every citizen of the United States, or other person residing Serving iu ves- 
therein, who voluntarily serves on board of any American vessel em- ^ n e " Sa?e t\n" 
ployed or made use of in the transportation of slaves from any foreign s \^q^ 0T in " 
country or place to another, shall be punished by a fine of not more 
than two thousand dollars, and by imprisonment not more than two 
years. [See ^ 555b.] 

Sec. 53t££. Every citizen of the United States who voluntarily serves Serving in for- 
on board of any foreign vessel employed iu the slave-trade, shall be ei s u vessels em- 
puuished as prescribed in the preceding section. [See $ 1046.] Save^trade? 

Sec. 5524. Every master or owner or person having charge of any Title 70, Chap. 7. 

vessel who receives on board any other persou, with the knowledge or — . . 

intent tt at such person is to be carried from any State, Territory, or boanlli "esle^or 
district of the United States to a foreign country, state, or place, to be carrying away 
held or sold as a slave, or carries away from any State. Territory, or dis- any person to be 
trict of the United States any such person, with the intent that he may 30 "* 01 ^ eld as a 
be so held or sold as a slave, shall be punished by a fine of not more' 
than live thousand nor less than live hundred dollars, or by imprison- 
ment not more than five years, or by both. [See 5379.] 

Sec. 5525. Every person who kidnaps or carries away any other per- Kidnapping, 
sou. with the intent that such other person be sold into involuntary 
servitude, or held as a slave ; or who entices, persuades, or induces auy 
other per>ou to go on board any vessel or to any other place with the 
intent that he may be made or held as a slave, or sent out of the coun- 
try to be so made or held ; or who iu any way knowingly aidsiu caus- 
ing any other person to be held, sold, or carried away to be held or sold 
as a slave, shall be punished by a tine of not less than five hundred nor 
more than live thousand dollars, or by imprisonment not more than five 
years, or by both. [See 5375, Piracy.] 

Sec 55*26 Every person who holds, arrests, or returns, or causes to Holding or re- 
be held, arrested, or returned, or in any manner aids iu the arrest or* urmu ^ persona 
return of any person to a condition of peonage, shall be puuished by a 
fiue of not less than one thousand nor more than five thousand dollars, 
or by imprisonment not less thau one year nor more than five years, or 
by both.* 

Six. 55'27. Every person who obstructs or attempts to obstruct, or in Obstructing ex- 
any way interferes with, or prevents the enforcement of, the preceding j^hlbitin * peon^ 
section, shall be liable to the pains and penalties therein prescribed. a g e . 

Sec. 5551. Xo person shall, for himself, or for another, as master, Title 71. 
factor, or owner, build, fit, equip, load, or otherwise prepare auy vessel, E . 7 )ino . ^ , 
in any port or place within the jurisdiction of the United States, or cause vessel for slave- 
any vessel to Bail from any port or place within the jurisdiction of the trade; forieiture 
same, for the purpo.su of procuring any negro, mulatto, or person of of vessel, 
color, from any foreign kingdom, place, or country, to be transported to 
any port or place whatsoever, to be held, sold, or otherwise disposed of, 
.ve. or to be held to service or jabor; and every vessel so built, 
fitted out. equipped, laden, or otherwise prepared, with her tackle, ap- 
parel, furniture, and lading, shall be forfeited, one moiety to the use of 
the United States, and the other to the use of the persou who sues for 
the forfeiture, and prosecutes the same to effect. [See § 5375, under 
Piracy, and v^ 5382.] 

Sec. 5552. Every person so building, fitting out, equipping, loading, Penalty on per* 
or otherwise preparing or sending away any vessel, knowing or intend- ISuinninff &of S ' 
ing that the same shall be employed in such trade or business, contrary s ' 

to the provisions of the preceding section, or any ways aiding or abetting 
thetein, shall, besides the forfeiture of the vessel, pay the sum of two 
thousand dollars; one moiety thereof to the use of the United States, 
and the other moiety thereof to the use of the person who sues for and 
- the same to effect. [See § 5378.] 

* Section 1990 abolishes peonage in the States and Territories. 



266 

Forfeiture of Sec. 5553. Every vessel employed in carrying on the slave-trade, or 
ii^ S s e iave's USp0It ou wn * cn * 8 received or transported any negro, mulatto, or person of 
color, from any foreign kingdom or country, or from sea, for the purpose 
of holding, selling, or otherwise disposing of such person as a slave, 
or of holding such pjerson to service or labor, shall, together with 
her tackle, apparel, furniture, and the goods and effects which may be 
found on board, or which may have been imported thereon in the same 
voyage, be forfeited ; one moiety to the United States, and the other 
to the use of the person who sues for and prosecutes the forfeiture to 
effect. [See §§ 5378, 5379.] 
Penalty for re- Sec. 5554. If any citizen of the United States takes on board, receives, 
ceiviug persons or transports any negro, mulatto, or person of color, for the purpose of 
on board to be selling such, person as a slave, he shall, in addition to the forfeiture of 
the vessel, pay for each person, so received on board or transported, the 
sum of two hundred dollars, to be recovered in any court of the United 
States; the one moiety thereof to the use of the United States, and the 
other moietv to the use of the person who sues for and prosecutes the 
same to effect. [See U 5379, 5524, 5626.] 
Forfeiture of Sec. 5555. Every vessel which is found in any river, port, bay, or har- 
vessel fouiHt hov- i3 0r? ou on the high seas, within the jurisdictional limits of the United 
U n'fte* Estates States, or hovering on the coasts thereof, and having on board any ne- 
&c. ' gro, mulatto, or person of color, with intent to sell such person as a 

slave, or with intent to land the same for that purpose, either in the 
United States or elsewhere, shall, together with her tackle, apparel, fur- 
niture, and the goods or effects on board of her, be forfeited to the 
United States. [See § 5380.] 
Forfeiture of Sec. 5556. It shall be unlawful for any citizen of the United States, or 
interest in ves- other person residing within them, directly or indirectly to hold or have 
sfaves anS ' P0 an ^ right or property in any vessel employed or made usa of in the 
transportation or carrying of slaves from one foreign country or place to 
another, and any such right or property shall be forfeited, and may be 
libeled and condemned for the use of the person suing for the same ; 
and every person transgressing the prohibition of this section shall also 
forfeit and pay a sum of money equal to double the value of his right or 
property in such vessel; and shall also forfeit a sum of money equal to 
double the value of the interest he had in the slaves, which at any time 
may be transported or carried in such vessel. 
Seizure of ves- Sec. 5557. The President is authorized, when he deems it expedient, to 
sels engaged in man auf i employ any of the armed vessels of the United States to 
e s ave-tia e. cru j se w herever he may judge attempts are making to carry on the 
slave-trade, by citizens or residents of the United States, in contraven- 
tion of laws prohibitory of the same; and, in such case, he shall instruct 
the commanders of such armed vessels to seize, take, and bring into any 
port of the United States, to be proceeded agaiust according to law, all 
American vessels, wheresoever found, which may have on board, or 
which may be intended for the purpose of taking on board, or of trans- 
porting, or may have transported any negro, mulatto, or person of color, 
in violation of the provisions of auy act of Congress prohibiting the 
traffic in slaves. [See $ 2163, Immigration.] 
Proceeds of Sec. 5558. The proceeds of all vessels, their tackle, apparel, and fur- 
condemned ves-niture, and the goods and effects on board of them, which are so seized, 
sels, bow distrib- prosecuted, and condemned, shall be divided equally between the United 
ut States and the officers and men who seize, take, or bring the same into 

port for condemnation, whether such seizure be made by an armed ves- 
sel of the United States or revenue cutter thereof; and the same shall 
be distributed as is provided by law for the distribution of prizes taken 
from an enemy. 
Disposal of per- Sec. 5559. The officers and men, to be entitled to one-half of the pro- 
sons found on ceeds mentioned in the last section, shall safely keep every negro, mu- 
board seized ves- i a tto, or person of color, found on board of any vessel so seized, taken, 
or brought into port, for condemnation, and shall deliver every such 
negro, mulatto, or person of color, to the marshal of the district into 
which he may be brought, if into a port of the United States, or if else- 
where, to such person as may be lawfully appointed by the President, 
in the manner directed by law ; transmitting to the President, as soon 
as may be after such delivery, a descriptive list of such uegroes, mulat- 
toes, or persons of color, in order that he may give directions for the dis- 
posal of them. 
Apprebension Sec. 5560. The commanders of such commissioned vessels shall cause 
of officers and to be apprehended, and taken into custody, every person found on board 






267 

of such offending vessel, so seized and taken, being of the officers or 
crew thereof, and him convey, as soon as conveniently niay be, to the 
civil authority of the United States, to be proceeded against in due 
course of law. [See §$ 538 J , 5382.] 

Sec. 5561. The President is authorized to make such regulations and Removal of per- 
arraugenients as he may deem expedient for the safe-keeping, support sons delivered 
and removal beyond the limits of the United States, of all such negroes, *™™ seizea Aes " 
mulattoes, or persons of color, as may be delivered and brought within 
their jurisdiction : and to appoint a proper person residing upon the 
coast of Africa as agent, for receiving the negroes, mnlattoes, or per- 
sons of color delivered from on board vessels seized in the prosecution 
of the slave-trade, by commanders of United States armed vessels. 

Sec. 5562. A bounty of twenty-rive dollars shall be paid to the officers Bounty, 
and crews of the commissioned vessels of the United States, or revenue- 
cotters, for each negro, mulatto, or person of color, who may be, as 
hereinbefore provided, delivered to the marshal or agent duly appointed 
to receive such person : and the Secretary of the Treasury is required to 
pay, or cause to be paid, to such officers and crews, or their agent, such 
bounty for each person so delivered. 

Sec. .'563. It shall be the duty of the commander of any armed vessel To w ^ a * P° r t 
of the United States, whenever he makes any capture under the pre- gj|j£ u vessels 
ceding provisions, to bring the vessel and her cargo, for adjudication, 
into some of the ports of the State or Territory to which such vessel so 
captured may belong, if. he can ascertain the same; if not, then to be 
sent into any convenient port of the United States. 

Sec. 5564. Every owner, master, or factor of any foreign vessel, clear- "When owners 
iug out for any of the coasts or kingdoms of Africa, or suspected to be of foreign vessels 
intended for the slave-trade, and the suspicion being declared to the 8 a sne ou ' 
officer of the customs by any citizen, on oath, and such information be- 
ing to the satisfaction of the officer, shall first give bond, with sufficient 
sureties, to the Treasurer of the United States, that none of the natives 
of Africa, or any other foreign country or place, shall be taken on board 
such vessel, to be transported or sold as slaves in any other foreign port 
or place whatever, within nine months thereafter. 

Sec. 5565. The forfeitures which may hereafter be incurred under any Distribution of 
of the preceding provisions, and which are not otherwise expressly dis- penalties, 
posed of, shall accrue and be one moiety thereof to the use of the in- 
former, and the other moiety to the use of the United States, except 
where the prosecution is first instituted on behalf of the United States, 
in wbieh case the whole shall be to their use. 

Si;c. 5566. It may be lawful for the President to enter into contract Contracts for 
with any person, society, or body-corporate, for a term not exceeding ™ ^trf" „^g 
five years, to receive from the United States, through their duly con- delivered from 
stituted agent upon the coast of Africa, all negroes, mulattoes, or per- seized vessels, 
sons of color, delivered from on board vessels seized in the prosecution 
of the slave-trade, by commanders of the United States armed vessels, 
and to provide such negroes, mnlattoes, and persons of color with com- 
fortable clothing, shelter, and provisions, for a period not exceeding one 
year from the date of their being landed on the coast of Africa, at a price 
in no case to exceed one hundred dollars for each person so clothed, 
sheltered, and provided with food ; and any contract so made may be re- 
newed by the President from time to time as found necessary, for periods 
not to exceed five years on each renewal. 

Sec. 5567. The President is authorized to issue instructions to the com- Instructions t o 
manders of the armed vessels of the United States, directing them, when- commanders o f 
ever it is practicable, and under such rules and regulations as he may arm vesse " 
prescribe, to proceed directly to the coast of Africa, and there hand over 
to the agent of the United States all negroes, mulattoes, and persons of 
color delivered from on board vessels seized in the prosecution of the 
slave-trade; and they shall afterward bring the captured vessels and 
persons engaged in prosecuting such trade to the United States for trial 
and adjudication. 

Sec- 5568. It may be lawful for the President to enter into arrange- Contracts for 
rnent. by contract or otherwise, with one or more foreign governments reception, &c, in 
having possessions in the West Indies or other tropical regions, or with We8t lud[ ™> of 
their duly constituted agent, to receive from the United States, for a term eT'Tom seTzod 
not exceeding five years, at such place as may be agreed upon, all negroes, vessels. 
mnlattoes, or persons of color, delivered from on board vessels seized in 
the prosecution of the slave-trade, by commanders of United States 
armed vessels, and to provide them with suitable instruction, and with 



268 

comfortable clothing and shelter, and to employ them, at wages, under 
such regulations as may be agreed upon, for a period not exceeding five 
years from the date of their being landed at the place agreed upon. But 
the United States shall incur no expenses on account of such negroes, 
mulattoes, or persous of color, after having landed them at the place 
agreed upon. And any arrangement so made may be renewed by the 
President from time to time, as may be found necessary, for periods not 
exceeding five years on each renewal. 
Instructions to Sec. 5569. The President is authorized to issue instructions to the 
commanders of commauders of the armed vessels of the United States, directing them, 
armed vessels. whenever it is practicable, and under such regulations as he may pre- 
scribe, to proceed directly to such place as shall have been agreed upon 
with any foreign government, or its duly constituted agenr, under the 
provisions of the preceding section, and there deliver to the duly con- 
stituted authorities or agents of such foreign government all negroes, 
mulattoes, or persons of color, taken from on board vessels seized in the 
prosecution of the slave-trade; and they shall afterward bring the ves- 
sel and persons engaged in prosecuting such trade to the United States 
for trial and adjudication. [See §§ 2158-2164, Immigration.] 

SMITHSONIAN INSTITUTION. 



Sec. 
5579. 
5580. 
5531. 
558-2. 



Incorporation of the Institution. 

Regents. 

Appointment of regents. 

Organization of board. 

Title 73. 



Sec. 

5583. Duties of Secretary. 

5586. Reception and arrangement of specimens 
and objects of art. 



Regents. 



Preamble. James Smithson, esquire, of London, in the kingdom of 
Will of James Great Britain, having by his last will and testament given the whole of 

Smithson. his property to the United States of America, to found, at Washington, 

under the name of the " Smithsonian Institution," an establishment for 
the increase and diffusion of knowledge among men : and the United 
States having, by an act of Congress, received said property and ac- 
cepted said trust; therefore, for the faithful execution of said trust, 
according to the will of the liberal and enlightened donor, 
Incorporation Sec. 5579. The President, the Vice-President, the Secretary of State, 

ofthelnstitution. the s ecret ary of the Treasury, the Secretary of War, the Secretary of 
the Navy, the Postmaster General, the Attorney-General, the Chief 
Justice, the Commissioner of the Patent-Office, and the governor of the 
District of Columbia, and such other persons as they may elect honorary 
members, are hereby constituted an establishment, by the name of the 
" Smithsouian Institution," for the increase and diffusion of knowledge 
among men ; and by that name shall be known and have perpetual suc- 
cession, with the powers, limitations, and restrictions hereinafter con- 
tained, and no other. 

Sec. 5580. The business of the institution shall be conducted at the 
city of Washington by a Board of Regents, named the Regents of the 
Smithsonian Institution, to be composed of the Vice-President, the Chief 
Justice of the United States, and the governor of the District of Colum- 
bia, three members of the Senate and three members of the House of 
Representatives; together with six other persons, other than members 
of Congress, two of whom shall be resident in the city of Washington ; 
and the other four shall be inhabitants of some State, but no two of them 
of the same State. 
Appointment Sec. 5581. The regents to be selected shall be appointed as follows : 

of regents. ^he members of the Senate by the President thereof ; the members of 

the House by the Speaker thereof; and the six other persons by joint 
resolution of the Senate and House of Representatives. The members of 
the House so appoiuted shall serve for the term of two years; and on 
every alternate fourth Wednesday of December a like number shall be 
appointed in the same manner, to serve until the fourth Wednesday iu 
December, in the second year succeeding their appointment. The 
Senators so appointed shall serve during the term for which they shall 
hold, without re-election, their office as Senators. Vacancies, occasioned 
by death, resignation, or otherwise, shall be filled as vacancies in com- 
mittees are filled. The regular term of service for the other six mem- 
bers shall be six years ; and new elections thereof shall be made by 
joint resolutions of Congress. Vacancies occasioned by death, resigna- 
tion, or otherwise may be filled in like manner by joint resolution of 
Congress. 



269 

Sec. 5582. The regents shall meet in the city of Washington aud elect Organization of 
one of their number as chancellor, who shall be the presiding officer of boarcL 
the Board of Regents, and called the chancellor of the Smithsonian In- 
stitution, and a suitable person as Secretary of the institution, who shall 
also be the secretary of the Board of Regents. The board shall also 
elect three of their own body as an executive committee, aud the regents 
shall fix on the time for the* regular meetings of the board; aud, ou ap- 
plication of any three of the regents to the Secretary of the institution, 
it shall be his duty to appoint a special meeting of the Board of Regents, 
of which he shall give notice, by letter, to each of the members: and, 
at any meeting of the board, five shall constitute a quorum to do busi- 
ness. ' Each member of the board shall be paid his necessary traveling 
and other actual expenses, in attending meetings of the board, which 
shall be audited by the executive committee, and recorded by the Secre- 
tarv of the board: but his service as regent shall be gratuitous. 

Sec. 5583. The Secretary of the Board of Regents shall take charge of re ^ l ° t ! es of Sec " 
the building and property of the institution, and shall, under their di- re y " 
rectiou. make a fair and accurate record of all their proceedings, to be 
preserved in the institution; and shall also discharge the duties of 
librarian and of keeper of the museum, and may, with the consent of the 
Board of Regents, employ assistants. 

Sec. 5586. Whenever suitable arrangements can be made from time to Reception ami 
time for their reception, all objects of art and of foreign and curious re- ^pchu^'uT^nd 
search, and all objects of natural history, plants, and geological and objects of art. 
mineralogical specimens, belonging to the United States, which may be 
in the city of Washington, in whosesoever custody they may be, shall 
be delivered to such persons as may be authorized by the Board of Re- 
gents to receive them, and shall be so arranged and classified in the 
building erected for the institution as best to facilitate the examination 
and study of them ; and whenever new specimens in natural history, 
geology, or mineralogy are obtained for the museum of the institution, 
by exchanges of duplicate specimens, which the regents may in their 
discretion make, or by donation, which they may receive, or otherwise, 
the regents shall cause such new specimens to be appropriately classed 
and ai ranged. The minerals, books, manuscripts, and other property of 
James Smithson, which have been received by the Government of the 
United States, shall be preserved separate and apart from other property 
of the Institution. 

SUPPLIES. 

See Contracts. 

STATE DEPARTMENT. 

See Department of State. 

STATIONERY. 

See Contracts. 

STOREKEEPERS. 

See under Civil Engineers. 

SUPREME COURT, &c. 

See Judiciary. 

SURGEONS AND ASSISTANT SURGEONS. 

See Medical Corps. 

TELEGRAPHS. 



Sec. 

' rovernment entitled to purchase lines. 
cceptance of obligation to be tiled. 
5269. Penalty lor refusal to transmit dispatches. 
Departmental telegraph. 



of public domain, if. 

materials from pnblic lands. 
not transferable. 

to have priority in transmis- 
sion ot messages. 

'.. Any telegraph company now organized, or which may here- Title <».">. 

after he organized, under the laws of any State, shall have the right to Us(j f 77T 

conatrnct, maintain, and operate lines of telegraph through and over domain, &c? U ° 

any portion of the public domain of the United .States, over and along 



270 

any of the military or post roads of the United States which have been 
or may hereafter be declared such by law, and over, under, or across 
the navigable streams or waters of the United States ; but such lines of 
telegraph shall be so constructed aud maintained as not to obstruct the 
navigation of such streams and waters, or interfere with the ordinary 
travel on such military or post roads. 
Use of materi- Sec. 5264. Any telegraph company organized under the laws of any 
als from public gtate shall have the right to take and use from the public lands through 
which its lines of telegraph may pass, the necessary stone, timber, and 
other materials for its posts, piers, stations, and other needful uses in 
the construction, maintenance, and operation of its lines of Telegraph, 
and may pre-empt and use such portion of the unoccupied public lands 
subject to pre-emption through which their lines of telegraph may be 
located as may be necessary for their stations, not exceeding forty acres 
for each station ; but such stations shall not be within fifteen miles of 
each other. 
These rights Sec. 5265. The rights and privileges granted under the provisions of 
not transferable, the act of July twenty-four, eighteen huudred and sixty-six, eutitled 
"An act to aid in the construction of telegraph lines, and to secure to 
the Government the use of the same for postal, military, aud other pur- 
poses," or under this Title, shall not be transferred by any company 
acting thereunder to any other corporation, association, or person. 
Government to Sec. 5266. Telegrams between the several Departments of the Gov- 
have priority in ernment and their officers and agents, in their transmission over the 
transmission of lines of any telegraph company to which has been given the right of 
messages. way, timber, or station lands from the public domain shall have priority 

over all other business, at such rates as the Postmaster-General shall 
annually fix. Aud no part of any appropriation for the several Depart- 
ments of the Government shall be paid to any company which neglects 
or refuses to transmit such telegrams in accordance with the provisions 
of this section. , 

Government ^ EC - 5267. The United States may, for postal, military, or other pur- 
entitled to pur- poses, purchase all the telegraph lines, property, and effects of any or 
chase lines. all companies acting under the provisions of the act of July twenty- 

fourth, eighteen hundred and sixty-six, entitled "An act to aid in the 
construction of telegraph lines, and to secure to the Government the 
use of the same for postal, military, and other purposes," or under this 
Title, at an appraised value, to be ascertained by five competent, disin- 
terested persons, two of whom shall be selected by the Postmaster-Gen- 
eral of the United States, two by the company interested, and one by 
the four so previously selected. 
Acceptance of ^ec. 5268. Before any telegraph company shall exercise any of the 
obligation to be powers or privileges conferred by law such company shall file their 
filed. written acceptance with the Postmaster-General of the restrictions and 

obligations required by law. 
Penalty for re- ®ec. 5269. Whenever any telegraph company, after having filed its 
fnsal to transmit written acceptance with the Postmaster-General of the restrictions aud 
dispatches. obligations required by the act approved July tweny-fourth, eighteen 

huudred aud sixty-six, entitled "An act to aid in the construction of 
telegraph lines, and to secure to the Government the use of the same for 
postal, military, and other purposes," or by this Title, shall, by its 
agents or employes, refuse or neglect to transmit any such telegraphic 
communications as are provided for by the aforesaid act, or by this 
Title, or by the provisions of section two hundred and twenty-one, 
Title " The Department of War," authorizing the Secretary of War 
to provide for taking meteorological observations at the military stations 
and other points of the interior of the continent, and for giving notice 
on the northern lakes and sea-board of the approach and force of storms, 
such telegraph company shall be liable to a penalty of not less than one 
huudred dollars and not more than one thousand dollars for each such 
refusal or neglect. 

An act in relation to the lines of telegraph connecting the Capitol with the various 
Departments of the Government. 

Feb. 4, 1874. g e n ena cted by the Senate and Souse of Representatives of the United States 
of America in Congress assembled, That the lines of telegraph, connecting 
the Capitol with the various Departments in Washington, constructed 
under and by virtue of the act of Congress approved March third, eigh- 
teen hundred and seventy-three, entitled " An act making appropriations 
for sundry civil expenses of the Government for the fiscal year ending 



271 

June thirtieth, eighteen hundred and seventy-four, and for other pur- 
poses," be, and the same are hereby, placed under the supervision of the 
officer in charge of the public buildings and grounds; and that the said 
officer be authorized and empowered to make rules and regulations for 
the working of said lines. And the Secretary or Head of each Executive 
Department, and the Congressional Printer, are hereby authorized to 
detail one person from their present force of employees to operate the 
instruments in said Departments and printing office, and each House of 
Congress may provide for the employment of an operator in their 
respective wings of the Capitol, at a compensation not exceeding one 
hundred dollars per month, during the sessions of Congress. 
Approved, February 4, 1874. 

[From an act making an appropriation to pay the operators of the Government tele- 
graph connecting the Departments with the two houses of Congress.] 

Provided, That said lines of telegraph shall be for the use only of March 7, 1874, 
Senators, Members of Congress, Judges of the United States courts, and 
officers of Congress and of the Executive Departments, and solely on 
public business. 

Approved, March 7, 1S74. 

TENUEE OF OFFICE. 

See Vacancies in the Departments. 

TEAYELING EXPENSES. 

Sec. ) Sec. 

1566. Mileage; baggage. Settlement of accounts for travel. 

Traveling expenses. 

Sec. 1566. An allowance of ten cents a mile may be made to officers Title 15, Chap. 8. 
in the naval service, and store-keepers on foreign stations for traveling ~~TZ 
expenses when under orders. And an allowance may be made to Mllea S e - 
officers traveling in foreign couutries under orders, for expenses of 
transportation of baggage necessarily incurred. And no officer shall be 
paid mileage, except for travel actually performed at his own expense 
and in obedience to orders. [See acts infra.'} 

An act making appropriation for the support of the Army for the fiscal year ending 
June thirtieth, eighteen hundred and seventy-five, and. tor other purposes. 

* * Provided, That only actual traveling expenses shall be June 6, 1874. 
allowed to auy person holding employment or appointment under the Traveling ex' 
Unittd States, and all allowances for mileages and transportation in penses. 
excess of the amount actually paid are hereby declared illegal ; and 

no credit shall be allowed to any of the disbursing officers of the United 
States for payment or allowances in violation of this provision. * * * 
Approved June 16, 1874. 

An act making appropriations for the naval service for the year ending June thir- 
tieth, eighteen hundred and seventy-six, and for other purposes. 

* * Provided, That no allowance shall be made in the settlement of 
any account for traveling expenses unless the same be incurred on tin 
order of the Secretary of the Navy, or the allowance be approved by him. 

Approved January 18, 1875. 

TEEASOX AXD SEDITION. 

See also Insurrection — Conspiracy. 



Sec. 

1033. Copy of indictment. &c, to he furnished. 

1034. Entitled to counsel. 

2111. Sending seditious messages ; penalty. 

2112. Carrying seditious messages ; penalty. 

2113. Correspondence with foreign natious'to ex- 

cite Indians to war ; penalty. 

5331. Treason. 

5333. Punishment of treason. 

5333. Misprision of treason. 



Sec. 

5334. Inciting or engaging in rebellion or insur- 

rection. 

5335. Criminal correspondence with foreign "ov- 

crnments. 
5:530. Seditious conspiracy. 

5337. Recruiting soldiers or sailors to serve against 

the United States. 

5338. Enlistment to serve against the United 

States. 



Sec. Vr.Y.i. When any person is indicted of treason, a copy of the Title 13, Chap. IS. 

indictment and a list of the jury, and of the witnesses to be produced ~ _ . — 

on the trial for proving the indictment, stating the place of abode of m en t P ^nd lfstoV 
each juror and wituess, shall be delivered to him at least three entire jurors and wit- 



272 

nesses to be de- days before he is tried for the same. When any person is indicted of 

oner in 'camtai au ^ otuer capital offense, such copy of the indictment aud list of the 

cases. jnrors and witnesses shall be delivered to him at least two entire days 

before the trial. 

Persons indict- ^ EC l( ^4- Every person who is indicted of treason, or other capital 

ed for capi tal crime, shall be allowed to make his full defense by counsel learned in 

crimes entitled the law ; and the court before which he is tried, or some judge thereof, 

to counsel and to sua ji immediately, upon his request, assign to him such counsel, not 

compel witness- exceec n n g two, as he may desire, and they shall have free access to him 

at all seasonable hours. He shall be allowed, in his defense, to make 

any proof that he can produce by lawful witnesses, and shall have the 

like process of the court to compel his witnesses to appear at his trial, 

as is usually granted to compel witnesses to appear on behalf of the 

prosecution. 

Title 28, Chap. 3. Sec. 2111. Every person who sends any talk, speech, message, or let- 
Sendino- S edi- ^ er *° an ^ I L1( lian nation, tribe, chief, or individual, with an intent to 
tious messages ; produce a contravention or infraction of auy treaty or law of the United 
penalty. ' States, or to disturb the peace and tranquillity of the United States, is 

liable to a penalty of two thousand dollars. 
Carrying sedi- Sec. 2112. Every person who carries or delivers any talk, message, 
tious messages; speech, or letter, intended to produce a contravention or infraction of 
penalty. an y treaty or law of the United States, or to disturb the peace or tran- 

quillity of the United States, knowing the contents thereof, to or from 
any Indian nation, tribe, chief, or individual, from or to any person or 
persons whatever, residing within the United States, or from or to any 
subject, citizen, or agent of any foreign power or state, is liable to a 
penalty of one thousand dollars. 
Correspondence Sec. 2113. Every person who carries on a correspondence, by letter 
with foreign na- or otherwise, with any foreign nation or power, with an intent to induce 
Indians tx^war • snc h foreign nation or power to excite any Indian nation, tribe, chief, 
penalty. ' or individual, to war against the United States, or to the violation of 

any existing treaty ; or who alienates, or attempts to alienate, the con- 
fidence of any Iudian or Indians from the Government of the United 
States, is liable to a penalty of one thousand dollars. [See § 5335.] 

Title 70, Chap. 2. Sec. 5331. Every person owing allegiance to the United States who 
Treason levies war against them, or adheres to their enemies, giving them aid 

and comfort within the United States or elsewhere, is guilty of treason. 
Punishment of Sec. 5332. Every person guilty of treason shall suffer death ; or, at 
treason. the discretion of the court, shall be imprisoned at hard labor for not less 

than five years, and fined not less than ten thousand dollars, to be levied 
on and collected out of any or all of his property, real and personal, of 
which he was the owner at the time of committing such treason, auy 
sale or conveyance to the contrary notwithstanding ; aud every person 
so convicted of treason shall, moreover, be incapable of holding any 
office under the United States. 
Misprision of Sec. 5333. Every person, owing allegiance to the United States and 
treason. having kuowledge of the commission of auy treason against them, who 

conceals, and does not, as soon as may be, disclose and make known 
the same to the President or to some judge of the United States, or to 
the governor, or to some judge or justice of a particular State, is guilty 
of misprision of treason, and shall .be imprisoned not more than seven 
years, and fined not more than one thousand dollars. 
Inciting or en-" Sec. 5334. Every person who incites, sets on foot, assists, or engages 
gaging in rehel- j n aU y rebellion or insurrection against the authority of the United 
tion. 01 inSUFieC States, or the laws thereof, or gives aid or comfort thereto, shall be 
punished by imprisonment not more than ten years, or b*y a fine of not 
more than ten thousaud dollars, or by both of such puuishments ; and 
shall, moreover, be iucapable of holdiug any office under the United 
States. [See §§ 5297-5322, Insurrection.] 
Criminal corre- Sec. 5335. Every citizeu of the United States, whether actually resi- 
spondence with dent or abiding within the same, or in any foreign country, who, with- 
foreign govern- ou ^ the permission or authority of the Government, directly or indi- 
ments - rectly, commences or carries on any verbal or written correspondence or 

intercourse with auy foreign government, or any officer or agent there- 
of, with an intent to influence the measures or conduct of any foreign 
government, or of auy officer or agent thereof, in relation to any dis- 
putes or controversies with the United States, or to defeat the measures 
of the Government of the United States; and every person, being a 



273 

citizen of, or resident within, the United States, and not duly author- 
ized, who counsels, advises, or assists in any such correspondence, with 
such intent, shall he punished l>y a fine of not more than five thousaud 
dollars, and hy imprisonment during a term not less than six months, 
nor more than three years ; hut nothiug iu this section shall be con- 
strued to abridge the right of a citizen to apply, himself or his agent, 
to any foreign government or the agents thereof for redress of any in- 
jury which he may have sustained from such government, or any of its 
agents or subjects. [See § 1733 Diplomatic Officers, and § 2113.] 

Sec. 5336. If two or more persons iu any State or Territory conspire Seditious con- 
to overthrow, put down, or to destroy by force the Government of the spiracy. 
United States, or to levy war against them, or to oppose by force the 
authority thereof; or by force to prevent, hinder, or delay the execution 
of any law of the United States ; or by force to seize, take, or possess 
any property of the United States contrary to the authority thereof; 
each of them shall be punished by a fine of not less than five hundred 
dollars and not more than five thousaud dollars ; or by imprisonment, 
with or without hard labor, for a period not less than six mouths, nor 
more than six years, or by both such fine and imprisonment. [See § 
5518, Insurrection.] 

Sec. 5337. Every person who recruits soldiers or sailors within the Recruiting sol- 
United States to engage in armed hostility against the same, or who ^ervea^atnst S th° 
opeus within the United States a recruiting station for the enlismeut tjnTtedlstates! 
of such soldiers or sailors, to serve in any manner in armed hostility 
against the United States, shall be fined not less than two hundred dol- 
lars, nor more than one thousand dollars, and imprisoned not less than 
one year, nor more than five years. 

Sec. 533S. Every soldier or sailor enlisted or engaged within the Enlistment to 
United States, with intent to serve in armed hostility against the same, serve against the 
shall be punished by a fine of one hundred dollars, and by imprisonment ^ nite(i States. 
not less than one year, nor more than three years. 

TREASURER, TREASURY, &c. 



Sec. 

3591. The Treasury of the United States. 

3592. Certain miuts and assay-offices to be deposit- 

ories. 

3593. Public moneys subject to draft of Treasurer. 
3595. Assistant treasurers at other places than 



Sec. 

301. Treasurer. 

302. Bond of Treasurer. 

303. Assistant Treasurer. 

304. When Assistant Treasurer may act as Treas- 

urer. 

305. Duties of Treasurer. Washington 
310. P.eports of Treasurer, assistant treasurers, >■ 5153. National banks as depositories. 

&c, and disbursing officers. 

Sec. 301. There shall be in the Department of the Treasury a Treas- Title 7, Chap. 5. 

urer of the United States, who shall be appointed by the President, by ~~z, 

and with the advice aud consent of the Senate, and shall be entitled, to reasurer - 
a salary of six thousand five hundred dollars a year. 

Sec. 302. The Treasurer shall, before eutering upou the duties of his 
office, give bond, with sufficient sureties, to be approved by the Secre- 
tary of the Treasury and by the First Comptroller, in the sum of one 
hundred and fifty thousaud dollars, payable to the United States, with 
condition for the faithful performance of the duties of his office, aud for 
the fidelity of the persons to be by him employed, which bond shall be 
lodged in the office of the First Comptroller. 

Sec. 303. There shall be in the Department ot the Treasury an Assist- AssistantTreas- 
ant Treasurer of the United States, who shall be appointed by the urer - 
President, by and with the advice and consent of the Senate, and' shall 
be entitled to a salary of two thousand eight hundred dollars a year.* 

Sec. 304. The Treasurer may, iu his discretion, with the consent of "When Assist- 
the Secretary of the Treasury, authorize the Assistant Treasurer to act ant Treaanrer 
in the place aud discharge any or all the duties of the Treasurer of the^rer. 3,0 aS "^ 
United States. 

. 305. The Treasurer shall receive and keep the moneys of the Duties of the 
United States, aud disburse the same upon warrants drawn by the Sec- Trea s« r er- 
rotary of the Treasury, countersigned by either Comptroller, and re- 
corded by the Register, aud not otherwise. He shall take receipts for 
all moneys paid by him, and shall give receipts for all moneys received 
by him ; aud all receipts for moneys received by him shall be indorsed 
upon warrants signed by the Secretary of the Treasury, without which 

* Now three thousand eight hundred dollars. » 

18 N L 



274 

warrant, so signed, no acknowledgment for money received into the 
public Treasury shall be valid. He shall render his accounts to the 
First Comptroller quarterly, or oftener if required, and shall transmit a 
copy thereof, when settled, to the Secretary of the Treasury. He shall 
at all times submit to the Secretary of the Treasury and the First Comp- 
troller, or either of them, the inspection of the moneys in his hands. 
Reports of Sec. 310. The Treasurer, each assistant treasurer, and each desig- 
Treasurer, assist- na t e d depositary of the United States, and the cashier of each of the 
&c ancl^dislburs- national banks designated as such depositaries, shall, at the close of 
ing'officers. business on every thirtieth day of June, report to the Secretary of the 

Treasury the condition of every account standing, as in the preceding 
section specified, on the books of their respective offices, stating the 
name of each depositor, with his official designation, the total amount 
remaining on deposit to his credit, and the dates, respectively, of the 
last credit and the last debit made to each account. And each disburs- 
ing officer shall make a like return of all checks issued by him, and 
which may then have been outstanding and unpaid for three years and 
more, stating fully in such report the name of the payee, for what pur- 
pose each check was given, the office on which drawn, the number of 
the voucher received therefor, the date, number, and amount for which 
it was drawn, and, when known, the residence of the payee. 

Title 40. Sec. 3591. The rooms provided in the Treasury building at the seat 

The Treasury °^ Government for the use of the Treasurer of the United States, his 

of the United assistants, and clerks, and occupied by them, and the fire-proof vaults 

States. and safes erected therein for the keeping of the public moneys in the 

possession and under the immediate control of the Treasurer, and such 

other apartments as are provided as places of deposit of the public 

money, shall be the Treasury of the United States. 

Certain mints Sec. 3592. The mints at Carson City, and at Denver, and the assay - 

and assay-offices office at Boise City, shall be places of deposit for such public moneys as 

ries posito " the Secretary of the Treasury may direct. 

Public moneys Sec. 3593. All public moneys paid into any depository shall be subject 
subject to draft to the draft of the Treasurer of the United States, drawn agreeably to 
of the Treasurer, appropriations made by law. 

Appointment, Sec. 3595. There shall be assistant treasurers of the United States, 
&c, of assistant appointed from time to time by the President, by and with the advice 
treasurers. an( \ CO nsent of the Senate, to serve for the term of four years, as follows : 

One at Boston. 
One at New York. 
One at Philadelphia. 
One at Baltimore. 
One at Charleston. 
One at New Orleans. 
One at Saint Louis. 
One at San Francisco. 
One at Cincinnati. 
One at Chicago. 

Title 62, Chap= I. Sec. 5153. All national banking associations, designated for that pur- 

^ — pose by the Secretary of the Treasury, shall be depositaries of public 

Duties and lia money, except receipts from customs, under such regulations as may be 
ignatedlis^pos- prescribed by the Secretary ; and they may also be employed as financial 
itaries of public agents of the Government ; and they shall perform all such reasonable 
moneys. duties, as depositaries of public moneys and financial agents of the Gov- 

ernment, as may be required of them. The Secretary of the Treasury 
shall require the associations thus designated to give satisfactory secu- 
rity, by the deposit of United States bonds and otherwise, for the safe- 
keeping and prompt payment of the public money deposited with them, 
and for the taithful performance of their duties as financial agents of 
the Government. And every association so designated as receiver or 
depositary of the public money shall take and receive at par all of the 
national currency bills, by Avbatever association issued, which have 
been paid into the Government for internal revenue, or for loans or 
stocks. [See § 5489, Embezzlement.] 



275 
VACANCIES IN THE DEPAKTMENTS, &C. 



Sec. 

177. Vacancies, how temporarily filled. 

178. Vacancies in subordinate offices. 

179. Discretionary authority of the President. 

180. Temporary appointments limited to ten 

days. 

181. Restriction on temporary appointments. 
1S-2. Extra compensation disallowed. 

1760. "Unauthorized office, no salary for. 

1761 . Appointees to fill vacancies during recess of 

Senate. 

1762. Salaries to officers improperly holding over. 
1767. Tenure of office. 

176S. Suspension and filling vacancies. 
1769. Filling vacancies temporarily. 



Sec. 

1770. Term of office not to be extended. 

1771. Accepting or exercising office contrary to 

law. 

1772. Removing, appointing, or commissioning offi- 

cer contrary to law. 

1773. Commissions. 

1774. Notification of appointments to Secretary of 

Treasury. 

1775. Notification of nominations, rejections, &c, 

to Secretary of Treasury. 

1776. Removal of office. 

1786. Proceedings against persons illegally holding 

office. 

1787. Penalty for illegally holding office. 



Sec. 177. In case of the death, resignation, absence, or sickness of the Title *• 
head of any Department, the first or sole assistant thereof shall, unless y acarjC ies,how 
otherwise directed by the President, as provided by section one hundred temporarily' fill- 
aud seventy-nine, perform the duties of such head until a successor is ed. 
appointed, or such absence or sickuess shall cease. 

Sec. 178. In case of the death, resignation, absence, or sickness of the Vacancies in 
chief of any Bureau, or'of any officer thereof, whose appointment is not subordinate of- 
vested iu the head of the Department, the assistant or deputy of such Uces ' 
chief or of such officer, or if there be none, then the chief clerk of such 
Bureau, shall, unless otherwise directed by the President, as provided 
by section one hundred and seventy-nine, perform the duties of such 
chief or of such officer until a successor is appointed or such absence or 
sickness shall cease. 

Sec. 179. In any of the cases mentioned in the two precediug sections^ Discretion ary 
except the death, resignation, absence, or sickness of the Attorney-Gen- p^g^^t 
eral, the President may, in his discretion, authorize and direct the head 
of any other Department or any other officer in either Department 
whose appointment is vested in the President, by and with the advice 
and consent of the Senate, to perform the duties of the vacant office 
until a successor is appointed, or the sickness or absence of the incum- 
bent shall cease. 

Sec. IcO. A vacancy occasioned by death or resignation must not be • Temporary ap- 
temporarily filled under the three preceding sections for a longer period pointments lim- 
than ten days. ited to ten days. 

Sec. 181. Xo temporary appointment, designation, or assignment of Restriction on 
one officer to perform the duties of another, in the cases covered by sec- po^^ent^ &P 
tions one hundred and seventy-seven and one hundred and seventy- 
eight, shall be made otherwise than as provided by those sections, 
except to fill a vacancy happening during a recess of the Senate. 

Sec. 182. An officer performing the duties of another office, during a Extra compen- 
vacancy, as authorized by sections one hundred and seventy-seven, one satlon disaliow- 
hundred and seventy-eight, and one hundred and seventy-nine, is not ec ' 
by reason thereof entitled to any other compensation than that attached 
to his proper office. 

Sec. 1760. No money shall be paid from the Treasury to any person Title * 9, 
acting or assuming to act as an officer, civil, military, or naval, as sal- Unauthorized 
ary, in any office when the office is not authorized by some previously office, no salary 
existing law, unless such office is subsequently sanctioned by law. tor - 

Sec. 1761. Xo money shall be paid from the Treasury, as salary, to No . salaries to 
any person appointed during the recess of the Senate, to fill a vacancy ee^^fill^ocan- 
in any existing office, if the vacancy existed while the Senate was in ciesduring recess 
session and was by law required to be filled by and with the advice and of Senate. 
consent of the Senate, until such appointee has been confirmed by the 
Senate. . 

Sec. 1702. Xo money shall be paid or received from the Treasury, or salaries toom- 
paid or received from or retained out of any public moneys or funds of boluin" U over^ er S 
the United States, whether iu the Treasury or not, to or by or for the 
benefit of any person appointed to or authorized to act in or holding or 
exercising the duties or functions of any office contrary to sections seven- 
teen hundred and sixty-seven to seventeen hundred and seventy, inclu- 
sive; nor shall any claim, account, voucher, order, certificate, warrant, 
or other instrument providing for or relating to such payment, receipt, 
or letention, be presented, passed, allowed, approved, certified, or paid 
by any officer, or by any person exercising the functions or performing 
the duties of any office or place of trust under the United States, for or 



276 

in respect to such office, or the exercising or performing the functions 
or duties thereof. Every person who violates any of the provisions of 
this section shall be deemed guilty of a high misdemeanor, and shall be 
imprisoned not more than ten years, or fined not more than ten thou- 
sand dollars, or both. 
Tenure of office. Sec. 1767. Every person holding any civil office to which he has been 
or hereafter may be appointed by and with, the advice and consent of 
the Senate, and who shall have become duly qualified to act therein, 
shall be entitled to hold such office during the term for which he was 
appointed, unless sooner removed by and with the advice and consent 
of the Senate, or by the appointment, with the like advice and consent, 
of a successor in his place, except as herein otherwise provided.* 

Suspension and Sec. 1768. During any recess of the Senate the President is author- 
filling vacancies. j ze< 3 ? j n his discretion, to suspend any civil officer appointed by and 
with the advice and consent of the Senate, except judges of the courts 
of the United States, until the end of the next session of the Senate, 
and to designate some suitable person, subject to be removed, in his 
discretion, by the designation of another, to perform the duties of such 
suspended officer in the mean time ; and the person so designated shall 
take the oath and give the bond required by law to be taken and given 
by the suspended officer, and shall, during the time he performs the 
duties of such officer, be entitled to the salary 'and emoluments of the 
office, no part of which shall belong to the officer suspended. The 
President shall, within thirty days after the commencement of each 
session of the Senate, except for any office which in his opinion ought 
not to be filled, nominate persons to fill alWacancies in office which ex- 
isted at the meeting of the Senate, whether temporarily filled or not, 
and also in the place of all officers suspended ; and if the Senate during 
such session shall refuse to advise and consent to an appointment in the 
place of any suspended officer, then, and not otherwise, the President 
shall nominate another person as soon as practicable to the same ses- 
sion of the Senate for the office. 

Filling vacan- g EC 1769# The p res j c i ent is authorized to fill all vacancies which may 
cies tem P orari y - happen during the recess of the Senate by reason of death or resigna- 
tion or expiration of term of office, by granting commissions which shall 
expire at the end of their next session thereafter. And if no appointment, 
by and with the advice and consent of the Senate, is made to an office 
so vacant or temporarily filled during such next session of the Senate, the 
office shall remain in abeyance, without any salary, fees, or emoluments 
attached thereto, until it is filled by appointment thereto by and with 
the advice and consent of the Senate ; and during such time all the 
powers and duties belonging to such office shall be exercised by such 
other officer as may by law exercise such powers and duties in case of a 
vacancy in such office. 

Term of office Sec. 1770. Nothing in sections seventeen hundred and sixty-seven, 
not to be extend- sev enteen hundred and sixty-eight, or seventeen hundred and sixty- 
nine shall be construed to extend the term of any office the duration of 
which is limited by law. 

Accepting or Sec. 1771. Every person who, contrary to the four preceding sections, 

exercising office accepts any appointment to or employment in any office, or holds or 

contrary o aw. exerc j ses? or attempts to hold or exercise, any such office or employment, 

shall be deemed guilty of a high misdemeanor, and shall be imprisoned 

not more than five years, or fined not more than ten thousand dollars, 

or both. 

Removing, ap- g EC# 1772. Every removal, appointment, or employment, made, had, 
mTs^ionfn^officer or exercised, contrary to sections seventeen hundred and sixty-seven, 
contrary to law. to seventeen hundred and seventy, inclusive, and the making, signing, 
sealing, countersigning, or issuing of any commission or letter of au- 
thority for or in respect to any such appointment or employment, shall 
be deemed a high misdemeanor, and every person guilty thereof shall 
be imprisoned not more than five years, or fined not more than ten 
thousand dollars, or both. 

Commissions. g EC> 1773. The President is authorized to make out and deliver, after 
the adjournment of the Senate, commissions for all officers whose ap- 
pointments have been advised and consented to by the Senate. 

Notification of Sec. 1774. Whenever the President, without the advice and consent 
appointments to f the Senate, designates, authorizes, or employs any person to perform 
Treasurv ary ^ ne duties of any office, he shall forthwith notify the Secretary of the 

* See sec. 5597, under head of Revised Statutes Repeal Provisions. 



277 

Treasury thereof, arid the Secretary of the Treasury shall thereupon 
communicate such notice to all the proper accounting and disbursing 
officers of his Department. 

Sec. 1775. The Secretary of the Senate shall, at the close of each Notification of 
session thereof, deliver to the Secretary of the Treasury, and to each of nominations, re- 
the Assistant Secretaries of the Treasury, aud to each'of the Auditors, ^ © ^e t arv Jf 
and to each of the Comptrollers in the Treasury, and to the Treasurer, Treasury! 
and to the Register of the Treasury, a full and complete list, duly certi- 
fied, of all the persons who have been nominated to aud rejected by the 
Senate during such sessiou, aud a like list of all the offices to which nom- 
inations have" been made aud not confirmed and filled at such session. 

Sec. 1776. Whenever any public office is removed by reason of sick- Removal of of- 
ness which may prevail in the town or city where it is located, a par-fice. 
ticnlar account of the cost of such removal shall be laid before Congress. 
[See $§ 4797-4799. QUARANTINE.] 

Sec. 1786. Whenever any person holds office, except as a member of o i P ? ^ t eedl ^ gs 
Congress or of some State legislature, contrary to the provisions of the ^e^aUy hoMino- 
third section of the fourteenth article of amendment of the Constitution, office. ' 
the district attorney for the district in which such persou holds office 
shall proceed against him by writ of quo warranto, returnable to the 
circuit or district court of the United States in such district, and prose- 
cute the same to the removal of such person from office. 

Sec. 17S7. Every person who knowingly accepts or holds auy office Penalty for il- 
under the United States, or any State, to which he is ineligible under legally holding 
the third section of the fourteenth article of amendment of the Consti- ottlce ' 
tution. or who attempts to hold or exercise the duties of any such office, 
shall be deemed guilty of a misdeuieauor, and shall be imprisoned not 
more than one year, or fined not more than one thousand dollars, or both. 

VESSELS OF THE MEECHANT SERVICE— TOXNAGE, &c. 



Sec. 

4131. TThat are vessels of the United States. By 

whom may be commanded. 

4132. What vessels are entitled to register. 

4133. Vessels owned by non-resident citizens. 

4134. Vessels owned by nonresident naturalized 

citizens. 

4135. American vessel taking foreign flag. 
4130. Wrecked vessels. 

4137. Vessels owned by corporations. 

4138. New registry upon death, &c, of officer of 

corporation. . 
4141. Vessels, where registered. 

4150. Mode of measurement. 

4151. No measurement of cabins or state-rooms 

for tonnage. 

4152. Eules of measurement limited to what ves- 

sels. 

4153. Tonnage. 

4155. Form of register. 

4156. Variations from form. 

4172. Failure to report sale to foreigner. 

4177. N ambers for vessels. 

4178. Names of vessels to be painted on stern. 
4f79. Change of name of registered vesBel. 



Sec, 

4189. Penalty for fraudulent registry. 

4190. Sea-letters, to what vessels issued. 

4191. Making or using forged sea letters. 
4201. Form of clearance. 

4203. Conveyance of tbe mails. 

4204. Conveyance of bullion, &c. 
4207. Kates of consular fees. 
4233. Vessels stranded on foreign coast. 

4306. Passports of United States vessels on depart- 
ure to foreign country. 

4307. Penalty for departing without passport. 
4303. Passports of unregistered vessels. 

4309. Deposit of ship's papers with consul. 

4310. Penalty for failure' to deposit papers with 
consul. 

4574 s k* 8t °^ crew to ^ e delivered to collector. 

4575. Pules as to crew list. 

5353. Plundering wrecked vessels, &c. 

5364. Conspiracy to cast away vessel. 

5365. Owner destroying -vessel at sea. 

5366. Other person destroying vessel at sea. 

5367. Attempt to destroy vessel at sea. 
5423. Penalty for making false passports. 

* Sec. 4131. Vessels registered pursuant to law, and no others, except Title 4S, Chap. I. 
such as shall be duly qualified, according to law, for carryiug on the what are ves 
coasting trade and fisheries, or one of them, shall be deemed vessels of se i a of the United 
the United states, and entitled to the benefits and privileges appertain- States, 
ing to .such vessels; but they shall not enjoy the same longer than they 
shall continue to be wholly owned by citizens and to be commanded by By whom may 
a citizen of the United States. Aud officers of vessels of the United he commanded. 
States shall in all cases be citizens of the United States. 

Six. 41:52. Vessels built within the United States, and belonging What vessels 
wholly to citizens thereof, and vessels which may be captured in war are entitled to 
by citizens of the United States, and lawfully condemned as prize, or re S lster - 
which may be adjudged to be forfeited for a breach of the laws of the 
United States, being wholly owned by citizens, and no others, may be 
registered as directed in this Title. 

. 41:'.::. No vessel shall be entitled to be registered, or, if regis- Vessels owned 
tend, to the benefits of registry, if owned in whole or in part by any b . v . non-resident 
citizen of the United States who usually resides in a foreign country, cizena 
during the continuance of such residence, unless such citizen be a con- 



278 

sul of tlie United States, or au agent for and a partner in some house of 
trade or copartnership, consisting of citizens of the United States 
actually carrying on trade within the United States. 
Vessels owned Sec. 4134. No vessel shall be entitled to be registered as a vessel of 

by non-resident the United States, or, if registered, to the benefits of registry, if owned 

naturalized citi- j n w } 10 i e or j n part by any person naturalized in the United States, and 
residing for more than one year in the country from which he originated, 
or for more than two years in any foreign country, unless such person 
be a consul or other public agent of the United States. Nothing con- 
tained in this section shall be construed to prevent the registering anew 
of any vessel before registered, in case of a sale thereof in good faith to 
any citizen resident in the United States; but satisfactory proof of the 
citizenship of the person on whose account a vessel may be purchased 
shall be exhibited to the collector, before a new register shall be granted 
for such vessel. 
American ves- Sec. 4135. No vessel which has been recorded or registered as an 

sel taking foreign American vessel of the United States, pursuant to law, and which was 
ag * licensed or otherwise authorized to sail under a foreign flag, and to have 

the protection of any foreign government during the existence of the 
rebellion, shall be deemed or registered as a vessel of the United States, 
or shall have the rights and privileges of vessels of the United States, 
except under provisions of law especially authorizing such registry. 

"Wrecked vessels. Sec. 4136. The Secretary of the Treasury may issue a register or 
enrollment for any vessel built in a foreign country, whenever such 
vessel shall be wrecked in the United States, and shall be purchased 
and repaired by a citizen of the United States, if it shall be proved to 
the satisfaction of the Secretary that the repairs put upon such vessel 
are equal to three-fourths of the cost of the vessel when so repaired. 
Vessels owned Sec. 4137. Registers for vessels owned by any incorporated company 

by corporations. ma y | )e i ssue( j j n the name of the president or secretary of such com- 
pany ; and such register shall not be vacated or affected by sales of any 
shares of stock in such company. 
New registry Sec 4138. Upon the death, removal, or resignation of such president 

upon death, &c, or secretary of any incorporated company owning any vessel, a new 

of officer of cor- register shall be taken out for such vessel. 

poration. ° 

Vessels, where Sec. 4141. Every vessel, except as is hereinafter provided, shall be 
registered. registered by the collector of that collection-district which includes the 

port to which such vessel shall belong at the time of her registry; which 
port shall be deemed to be that at or nearest to which the owner, if 
there be but one, or, if more than one, the husband or acting and man- 
aging owner of such vessel, usually resides. 
Mode of meas- Sec. 4150. The registry of every vessel shall express her length and 
urement. breadth, together with her depth and the height under the third or spar 

deck, which shall be ascertained in the following manner : The tonnage- 
deck, in vessels having three or more decks to the hull, shall be the 
second deck from below ; in all other cases the upper deck of the hull 
is to be the tonnage-deck. The length from the fore rjart of the outer 
planking on the side of the stem to the after part of the main stern-post 
of screw-steamers, and to the after part of the rudder-post of all other 
vessels measured on the top of the tonnage-deck, shall be accounted the 
vessel's length. The breadth of the broadest part on the outside of the 
vessel shall be accounted the vessel's breadth of beam. A measure from 
the under side of the tonnage-deck plank, amidships, to the ceiling of 
the hold, (average thickness,) shall be accounted the depth of hold. If 
the vessel has a third deck, then the height from the top of the tonnage- 
deck plank to the under side of the upper-deck plank shall be accounted 
as the height under the spar-deck. All measurement to be taken in feet 
and fractions of feet ; and all fractions of feet shall be expressed in 
decimals. 
No measure- Sec. 4151. No part of any vessel shall be required by the preceding 
ment of cabins or section to be measured or registered for tonnage that is used for cabins 
tonnaga° mS or state-rooms, and constructed entirely above the first deck, which is 
not a deck to the hull. 
Eules of meas- Sec. 4152. The provisions foregoing relating to the measurement of 
urement limited vessels shall not be deemed to apply to any vessel not required by law 
to what vessels. ^ Q ^ e registered, or enrolled, or licensed, unless otherwise specially pro- 
vided. 
Tonnage. . Sec. 4153. The register tonnage of every vessel built within the United 
States or owned by a citizen or citizens thereof shall be her entire in- 



279 

ternal cubical capacity in tons of one hundred cubic feet each, to be as- 
certained as follows : * * * [See act of May 6, 1864.] 

In ascertaining the tonnage of open vessels the upper edge of the up- 
per strake is to form the boundary-line of measurement, and the depth 
shall be taken from an atkwart-ship line, extending from the upper edge 
of such strake at each division of the length. 

The register of the vessel shall express the number of decks, the ton- 
nage under the tonnage-deck, that of the between-decks, above the 
tonnage-deck ; also that of the poop or other inclosed spaces above the 
deck, each separately. In every registered United States vessel the 
number denoting the total registered tonnage shall be deeply carved or 
otherwise permanently marked on her main beam, and shall be so con- 
tinued ; and if it at any time cease to be so continued, such vessel shall 
no longer be recognized as a registered vessel of the United States. 

[SecT 4154 relates to the measurement of foreign vessels.] 

Sec. 4155. When the several matters hereinbefore required, in order Form of regis- 
to the registering of any vessel, have been complied with, the collector ter - 
of the district comprehending the port to which she belongs shall make 
and keep in some proper book a registry thereof, and shall grant a cer- 
tificate of such registry, as nearly as may be, ia the form following : 

In pursuance of chapter one, Title XLVIII, " Regulation of Com- 
merce and Navigation," of the Revised Statutes of the United States, 
(inserting here the name, occupation, and place of abode of the person 
by whom the oath was made), having taken and subscribed the oath re- 
quired by law, and having sworn that he (or she, and if more than one 
owner, adding the words, " together with," and the name or names, oc- 
cupation or occupations, place or places of abode, of the owner or own- 
ers, and the part or proportion of such vessel belonging to each owner) 
is (or are) the only owner (or owners) of the vessel called the (inserting 
here her name), of (inserting here the port to which she may belong), 
whereof (inserting here the name of the master) is at present master, 
and is a citizen of the United States, and that the said vessel was (in- 
serting here when and where built), and (inserting here the name and 
office, if any, of the person by whom she shall have been surveyed or 
measured) having certified that the said vessel has (inserting here the 
number of decks) and (inserting here the number of masts), and that her 
length is (inserting here the number of feet), her breadth (inserting here 
the number of feet), her depth (inserting here the number of feet), and 
that she measures (inserting here her number of tons) ; that she is (de- 
scribing here the particular kind of vessel, whether ship, brigantine, 
snow, schooner, sloop, or whatever else, together with her build, and 
specifying whether she has any or no gallery or head) ; and the said 
(naming the owner, or the master, or other person acting in behalf of 
the owner or owners, by whom the certificate of measurement has been 
countersigned, as aforesaid) having agreed to the description and meas- 
urement above specified, and sufficient security having been given, ac- 
cording to law, the said vessel has been duly registered at the port of 
(naming the port where registered). Given under my hand and seal, at 
(naming the said port), this (inserting the particular day) day of (nam- 
ing the month), in the year (specifying the number of the year, in words, 
at length.) 

Sec. 4156. When the master of such vessel himself makes oath touch- Variation from 
ing his beiug a citizen, the wording of the certificate shall be varied so form. 
as to be conformable to the truth of the case. Where a new certificate 
of registry is granted in consequence of any transfer of a vessel, the 
words shall be so varied as to refer to the former certificate of registry 
for her measurement. 

Sec. 4172. If any vessel registered as a vessel of the United States Failare to re- 
shall be sold or transferred, in whole or in part, by way of trust, confi-P. ^ sale t0 for ' 
dence, or otherwise, to a subject or citizen of any foreign prince or state, ei S ners - 
and such sale or transfer shall not be made known, as hereinbefore 
directed, such vessel, together with her tackle, apparel, and furniture, 
shall be forfeited. If such vessel, however, be go owned in part only, 
and it is made to appear to the jury before whom the trial for such for- 
feiture is had, that any other owner of such vessel, being a citizen of 
the United States, was wholly ignorant of the sale or transfer to or 
ownership of such foreign subject or citizen, tbe share or interest of 
such citizen of the United States shall not be subject to such forfeiture, 
and the residue only shall be so forfeited. 



280 

Numbers for Sec. 4177. The Secretary of the Treasury shall have power, under 
vessels. such regulations as he shall prescribe, to establish and provide a system 

of numbering vessels so registered, enrolled, and licensed; and each 
vessel so numbered shall have her number deeply carved or otherwise 
permanently marked on her main beam ; aud if at any time she shall 
cease to be so marked, such vessel shall be no longer recognized as a 
vessel of the United States. 
Names of ves- Sec. 4178. The name of every registered vessel, and of the port to 
sels to be painted vvlai^sli she shall belong, shall be painted on her stern, on a black ground, 
in white letters, of not less than three inches in length/ If any vessel 
of the United States shall be found without having her name and the 
name of the port to which she belongs so painted, tne owner or owners 
shall be liable to a penalty of fifty dollars ; recoverable one-half to the 
person giving the information thereof; the other half to the use of the 
United States. 
Cbangeof iiame g EC> 4179. No master, owner, or agent of any vessel of the United 
on-egistered ves- g^ a ^ es 8na n j n an y way change the name of such vessel, or by any 
device, advertisement, or contrivance to deceive or attempt to deceive 
the public, or any officer or agent of the United States, or of any State, 
or any corporation or agent thereof, or any person or persons, as to the 
true name or character of such vessel, on pain of the forfeiture of such 
vessel. 
Penalty for Sec. 4189. Whenever any certificate of registry, enrollment, or license, 
fraudulent regis- G r other record or document granted in lieu thereof, to any vessel, is 
try - knowingly and fraudulently obtained or used for any vessel not entitled 

to the benefit thereof, such vessel, with her tackle, apparel, and furni- 
ture, shall be liable to forfeiture. 
• Sea-letters, to Sec. 4190. No sea-letter or other document certifying or proving any 
what vessels is- Yease \ to ^ e fae property of a citizen of the United States shall be issued, 
except to vessels duly registered, or enrolled and licensed as vessels of 
the United States, or to vessels which shall be wholly owned by citizens 
of the United States, and furnished with or entitled to sea-letters or 
other custom-house documents. 
Making or using Sec. 4191. Every person who knowingly makes, utters, or publishes 
forged sea-let- aD y f a l se sea-letter, Mediterranean passport, or certificate of registry, or 
' c ' who knowingly avails himself of any such Mediterranean passport, sea- 

letter, or certificate of registry, shall be liable to a penalty of not more 
than five thousand dollars, and, if an officer of the United States, shall 
thenceforth be incapable of holding any office of trust or profit under 
the authority of the United States. 
Title 48, Chai». 2. g EC- 4201. The form of a clearance, to be granted to a ship or vessel 

Form of clear- ou ner departure to a foreign port or place, shall be as follows : 
ance. District of , ss, 

E'ort of : 

These are to certify all whom it doth concern, that , master 

or commander of the , burden tons, or thereabouts, mounted 

with guns, navigated with men, built, and bound for 

, having on board , hath here entered and cleared his said 

vessel according to law. Given under our hands and seals, at the cus- 
tom-house of , this day of , one thousand , and 
in the year of the Independence of the United States of America. 
Conveyance of Sec. 4203. All vessels belonging to the citizens of the United States, 
the mails. an d bound from any port in the United States to any foreign port, or 
from any foreign port to any port in the United States shall, before 
clearance, receive on board and securely convey all such mails as the 
Post-Office Department of the United States, or any minister, consul, 
or commercial agent of the United States abroad shall offer, and shall 
promptly deliver the same to the proper authorities, on arriving at the 
port of destination, and shall receive for such service such reasonable 
compensation as may be allowed by law. [See § 3976, Postage.] 
Conveyance of Sec. 4204. All vessels belonging to citizens of the United States, and 
bullion, coin, &c, bound from any port in the United States to any other port therein, or 
States* 16 Um to any foreign port, or from any foreign port to any port in the United 
States, shall, before clearance, receive on board all such bullion, coin, 
United States notes and bonds and other securities, as the Government 
of the United States or any department thereof, or any minister, con- 
sul, vice-consul, or commercial or other agent of the United States 
abroad, shall offer, and shall securely convey and promptly deliver the 

* The name of any vessel may be painted on her stern in yellow or gilt letters. 
[June 23, 1874.J 



281 

same to the proper authorities or consignees, on arriving at the port of 
destination; and shall receive for such service such reasonable compen- 
sation as may he allowed to other carriers in the ordinary transactions 
of business. 

Sec. 4207. Whenever any clearance is granted to any vessel of the Copy of rates 
United States, duly registered as such, and bound on any foreign voy- £ f consular fees 
age, the collector of the district shall annex thereto, iu every case, a c i ea raJce. eXe ° 
copy of the rates or tariffs of fees which diplomatic and consular officers 
are entitled, by the regulations prescribed by the President, to receive 
for their services. [See § 1723, under Diplomatic and Consular Offi- 
cers.] 

Sec. 4238. Consuls and vice-consuls, in cases where vessels of the "** e 48, Chap. 5. 
United States are stranded on the coasts of their consulates respectively, vessels strand- 
shall, as far as the laws of the country will permit, take proper measures, ed on foreign 
as well for the purpose of saving the vessels, their cargoes and appur- coasts, 
tenances, as for storing and securing the effects and merchandise saved, 
and for taking inventories thereof; and the merchandise and effects 
saved, with the inventories thereof so taken, shall, after deducting there- 
from the expenses, be delivered to the owners. No consul or vice-con- 
sul shall have authority to take possession of any such merchandise; or 
other property, when the master, owner, or consignee thereof is present 
or capable of taking possession of the same. 

Sec. 4306. Every vessel of the United States, going to any foreign xitle 40. 
country, shall, before she departs from the United States, at the r< 



quest of the master, be furnished by the collector for the district p a s s V 01 ^ t of 

where such vessel may be, with a passport, the form for which shall be vessels^n deparT- 

prescribed by the Secretary of State. In order to be entitled to such U re to foreign 

passport, the master of every such vessel shall be bound, with sufficient country. 

sureties, to the Treasurer of the United States, in the penalty of two 

thousand dollars, conditioned that the passport shall not be applied to 

the use or protection of any other vessel than the one described in it ; 

and that, in case of the loss or sale of any vessel having such passport, 

the same shall, within three months, be delivered up to the collector 

from whom it was received, if the loss or sale take place within the 

United States ; or within six months, if the same shall happen at any 

place nearer tuan the Cape of Good Hope ; and within eighteen months, 

if at a more distant place. 

Sec. 4307. If any vessel of the United States shall depart therefrom, Penalty for de- 
and shall be bouud to any foreign country, other than to some port inP artur ® without 
America, without such passport, the master of such vessel shall be lia- pas9por ' 
ble to a penalty of two hundred dollars for every such offense. 

Sec. 4308. Every unregistered vessel owned by a citizen of the United Passports of 
States, and sailing with a sea-letter, going to any foreign country, shall, unregistered ves- 
hefore she departs from the United States, at the request of the master, se " 
be furnished by the collector of the district where such vessel may be 
with a passport, for which the master shall be subject to the rules and 
conditions prescribed for vessels of the United States. 

Sec. 4309. Every master of a vessel, belonging to citizens of the Deposit of ship's 
United States, who shall sail from any port of the United States, shall, papers with con- 
on his arrival at a foreign port, deposit his register, sea-letter, and 8g1, 
Mediterranean passport with the consul, vice-consul, commercial agent, 
or vice-commercial agent, if any there be at such port ; and it shall be 
the duty of such consul, vice-consul, commercial agent, or vice-com- 
mercial agent, on such master or commander producing to him a clear- 
ance from the proper officer of the port where his vessel may be, to 
deliver to the master all of his papers, if such master or commander has 
complied with the provisions of law relating to the discharge of sea- 
men in a foreign country, and to the payment of the fees of consular 
officers. [See § 1718, Diplomatic Officers.] 

Sbc. 4310. Every master of any such vessel who refuses or neglects Penalty for fail- 
to deposit the papers as required by the preceding section, shall be ure to deposit pa- 
liable to a penalty of five hundred dollars, to be recovered by 8Uc h pera with consul, 
consul, vice-consul, commercial agent, or vice-commercial agent, in his 
own name, for the benefit of the United States, in any court of com- 
petent jurisdiction. 

Sec. 4573. Before a clearance is granted to any vessel bound on a for- Titie53 > CIiap.5. 
eign voyage or engaged in the whale-fishery, the master thereof shall List of crew to 
deliver to the collector of the customs a list containing the names, places he delivered to 

° collector. 



282 

of birth and residence, and description of the persons who compose his 
ship's company ; to which list the oath of the captain shall be annexed, 
that the list contains the names of his crew, together with the places of 
their birth and residence, as far as he can ascertain them ; and the col- 
lector shall deliver him a certified copy thereof, for which the collector 
shall be entitled to receive the sum of twenty-five ceuts. 

Sec. 4574. In all cases of private vessels of the United States sailing 
from a port in the United States to a foreign port, the list of the crew 
shall be examined by the collector for the district from which the vessel 
shall clear, and, if approved of by him, shall be certified accordingly. 
No person shall be admitted or employed on board of any such vessel 
unless his name shall have been entered in the list of the crew, approved 
and certified by the collector for the district from which the vessel shall 
clear. The collector, before he delivers the list of the crew, approved 
and certified, to the master or proper officer of the vessel to which the 
same belongs, shall cause the same to be recorded in a book by him for 
that purpose to be provided, and the record shall be open for the inspec- 
tion of all persons, and a certified copy thereof shall be admitted in evi- 
dence in any court in which any question may arise under any of the 
provisions of this Title. 
Rules as to list Sec. 4575. The following rules shall be observed with reference to 
of crew. vessels bound on any foreign voyage : 

First. The duplicate list of the ship's company, required to be made 
out by the master and delivered to the collector of the customs, under 
section forty-five hundred and seventy-three, shall be a fair copy in one 
uniform handwriting, without erasure or interlineation. 

Second. It shall be the duty of the owners of every such vessel to 
obtain from the shipping-commissioner, or officer acting as such in the 
district from which the clearance is made, a true and certified copy of 
the shipping-articles, containing the names of the crew, which shall be 
written in a uniform hand, without erasures or interlineations. 

Third. These documents, which shall be deemed to contain all the 
conditions of contract with the crew as to their service, pay, voyage, 
and all other things, shall be produced by the master, and laid before 
any consul, or other commercial agent of the United States, whenever 
he may deem their contents necessary to enable him to discharge the 
duties imposed upon him by law toward any mariner applying to him 
for his aid or assistance. 

Fourth. All interlineations, erasures, or writing in a hand different 
from that in which such duplicates were originally made, shall be 
deemed fraudulent alterations, working no change in such papers, un- 
less satisfactorily explained in a manner consistent with innocent pur- 
poses and the provisions of law which guard the rights of mariners. 

Fifth. If any master of a vessel shall proceed on a foreign voyage 
without the documents herein required, or refuse to produce them when 
required, or to perform the duties imposed by this section, or shall 
violate the provisions thereof, he shall be liable to each and every in- 
dividual injured thereby in damages, to be recovered in any court of 
the United States in the district where such delinquent may reside or 
be found, and in addition thereto be punishable by a fine of one hun- 
dred dollars for each offense. 

Sixth. It shall be the duty of the boarding-officer to report all viola- 
tions of this section to the collector of the port where any vessel may 
arrive, and the collector shall report the same to the Secretary of the 
Treasury and to the United States attorney in his district. 
Title 70, Chap. 3- g EC . 5358. Every person who plunders, steals, or destroys any money, 
Plundering goods, merchandise, or other effects, from or belonging to any vessel in 
wrecked vessels, distress, or wrecked, lost, stranded, or cast away, upon the sea, or upon 
any reef, shoal, bank, or rocks of the sea, or in any other place within 
the admiralty and maritime jurisdiction of the United States ; and 
every person who willfully obstructs the escape of any person endeav- 
oring to save his life from such vessel, or the wreck thereof; and every 
person who holds out or shows any false light, or extinguishes any true 
light, with intent to bring auy vessel, sailing upon the sea, into danger, 
or distress, or shipwreck, shall be punished by a fine of not more than five 
thousand dollars, and imprisoned at hard labor not more than ten years. 
Conspiracy to Sec. 5364. Every person who, on the high seas, or within the United 
cast away vessel, states, willfully and corruptly conspires, combines, and confederates 
with any other person, such other person being either within or without 
the United States, to cast away or otherwise destroy any vessel, with 



283 

intent to injure any person that may have underwritten or may there- 
afterward underwrite any policy of insurance thereon or on goods on 
board thereof, or with intent to injure any person that has lent or ad- 
vanced, or may lend or advance, any money on such vessel on bottomry 
or respondentia : and every person who, within the United States, builds, 
or fits out, or aids in building and fitting out, any vessel with intent that 
the same be cast away or destroyed with the intent hereinbefore men- 
tioned, shall be punished by a fiue of not more than ten thousand dol- 
lars, and by imprisonment at hard labor not more than ten years. 

Sec. 536o. Every persou who, on the high seas, willfully and corruptly , Owner destroy- 
casts away or otherwise destroys any vessel of which he is owner, in in S vessel at sea. 
whole or part, with intent to prejudice any person that may underwrite 
any policy of insurance thereon, or auy merchant that may have goods 
thereon, or auy other owner of such vessel, shall suffer death. [See § 
5323, Piracy.] 

Sec. 5366. Every person, not being an owner, who, on the high seas, other persons 
willfully and corruptly casts away or otherwise destroys auy vessel destroying vessel 
to which he belongs, being the property of any citizen, shall suffer at sea - 
death. [See $ 5323, Piracy.] 

Sec. 5367. Every person, not being an owner, who, on the high seas, Attempt to de- 
willfully, with intent to destroy the same, sets fire to auy vessel, or ^°y vessel at 
otherwise attempts the destruction thereof, being the property of any 
citizen, shall suffer imprisonment at hard labor for a term not more than 
ten years nor less than three years. 

Sec. 5423. If any person falsely makes, forges, counterfeits, or alters Title 70, Chap. 5. 
auy instrument in imitation of, or purporting to be, au abstract or offi- F . or al _ 
cial copy, or certificate of the recording, registry, or enrollment of any tering ship's pa- 
vessel, in the office of any collector of the customs, or a license to any pers °or custom- 
vessel, for carrying on the coasting trade, or fisheries of the United house documents. 
States, or a certificate of ownership, pass, passport, sea-letter, or clear- 
ance, granted for auy vessel, under the authority of the United States, 
or a permit, debenture, or other official document, granted by any col- 
lector or other officer of tbe customs, by virtue of his office ; or passes, 
utters, or publishes, or attempts to pass, utter, or publish, as true, any 
such false, forged, counterfeited, or falsely altered instrument, abstract, 
official copy, certificate, license, pass, passport, sea-letter, clearance, 
permit, debenture, or other official document herein specified, knowing 
the same to be false, forged, counterfeited, or falsely altered, with an 
intent to defraud, he shall be punished by a fine of not more than one 
thousand dollars, and by imprisonment at hard labor not more than 
three years. [See § 4191.] 

VESSELS OF THE NAVY. 



Sec. 

14-2-. Officers of vessels to be citizens of the 
United States. 

1437. Officers to inspect vessels under War De- 
partment. 

1529. Four classes ; their commanders. 

1530. How rated. 

1531. Rule for naming. 

1532. Two vessels not to hear tbe same name. 

1533. Xames of purchased vessels. 



Sec. 

1534. Vessels kept in service in time of peace. 

1535. How officered and manned. 

1536. Cruising to assist distressed navigators. 

1537. Patented articles connected with marine en- 

gines. 

1538. "Repairs on hull and spars. 

1539. Repairs on sails and rigging. 

1540. Sale of vessels unfit to be repaired. 

1541. Sale of unserviceable vessels and materials, 



Sec. 1428. The officers of vessels of the United 
cases be citizens of the United States. 



States shall in all Title 15, Chap. 2. 



Officers to be 
citizens of United 
States. 
Sec. 1437. The President may detail, temporarily, three competent Officers for serv- 
naval officers for the service of the War Department in the inspection ice of War I)e " 
of transport vessels, aud for such, other services as may be designated P artment - 
by the Secretary of War. 

Sec. 1529. The vessels of the Navy of the United States shall be Title 15, Chap. 6. 
divided into four classes, and shall be commanded as nearly as may be Four classes. 
as follows : their command' 

First rates, by commodores ; second rates, by captains; third rates, ers. 
by commanders; fourth rates, by lieutenant-commanders. 

c. 1530. Steamships of forty guns or more shall be classed as first How rated, 
rates, those of twenty guns aud under forty as second rates, and all 
those of less than twenty guns as third rates." 



284 

Rule for nam- Sec. 1531. The vessels of the Navy shall be Darned by the Secretary 
in S of the Navy, under the direction of the President, according to the fol- 

lowing rule : 

Sailing-vessels of the first class shall be named after the States of the 
Union, those of the second class after the rivers, those of the third 
class after the principal cities and towns, and those of the fourth class 
as the President may direct. 

Steamships of the first class shall he named after the States of the 
Union, those of the second class after the rivers and principal cities and 
towns, and those of the third class as the President may direct. 
Two vessels Sec. 1532. Care shall be taken that not more than one vessel in the 
not to bear the Navy shall bear the same name. 
same name. ^ 

Names of pur- s EC . 1533. The Secretary of the Navy may change the names of any 
chased vessels. vesse i s purchased for the Navy by authority of law. 

Vessels kept in ' Sec. 1534. The President is authorized to keep in actual service in 
service in time of time of peace, such of the public armed vessels as, in his opinion, may 
peace. ^ e re q U i re( j ^y the nature of the service, and to cause the residue 

thereof to be laid up in ordinary in convenient ports. 
How officered Sec. 1535. Vessels in actual service, in time of peace, shall be officered 
and manned. and manned as the President may direct, subject to the provisions of 
section fifteen hundred and twenty-nine. 
Cruising to as- Sec. 1536. The President may, when the necessities of the service 
sist distressedp erm j£ j^, cause any suitable number of public vessels adapted to the 
naviga ors. purpose to cruise upon the coast in the season of severe weather and to 

afford such aid to distressed navigators as their circumstances may 
require ; and such public vessels shall go to sea fully prepared to render 
such assistance. 
Patented arti- Sec. 1537. No patented article connected with marine engines shall 
with marinTen- h erea fter be purchased or used in connection with any steam- vessels of 
gines. war uutil the same shall have been submitted to a competent board of 

naval engineers, and recommended by such board, in writing, for pur- 
chase and use. 
Repairs onhull Sec. 1538. Not more than three thousand dollars shall be expended at 
and spars. an y naV y-yard in repairing the hull and spars of any vessel, uutil the 

necessity and expediency of such repairs and the probable cost thereof 
are ascertained and reported to the Navy Department by an examining 
board, which shall be composed of one captain or commander in the 
Navy, designated by the Secretary of the Navy, the naval constructor 
of the yard where such vessel may be ordered for repairs, and two mas- 
ter workmen of said yard, or one master workman and an engineer of 
the Navy, according to the nature of the repairs to be made. Said mas- 
ter workmen and engineer shall be designated by the head of the Bureau 
of Construction and Eepair. 
Repairs on sails Sec. 1539. N t more than one thousand dollars shall be expended in 
and rigging, repairs on the sails and rigging of any vessel, until the necessity and 
expediency of such repairs and the estimated cost thereof have been 
ascertained and reported to the Navy Department by an examining 
board, which shall be composed of one naval officer, designated by the 
Secretary of the Navy, and the master rigger and the master sail-maker 
of the yard where such vessel may be ordered. 
Sale of vessels Sec. 1540. The President may direct any armed vessel of the United 
unfit to be repair- states to be sold when, in his opinion, such vessel is so much out of re- 
pair that it will not be for the interest of the United States to repair her. 
Sale of unserv- Sec. 1541. The Secretary of the Navy is authorized and directed to 
iceable vessels Sii [] } a t public sale, such vessels and materials of the United States Navy 
and materials. as ^ j n ^ judgment, cannot be advantageously used, repaired, or fitted 
out ; and he shall, at the opening of each session of Congress, make a 
full report to Congress of all vessels and materials sold, the parties buy- 
ing the same, and the amount realized therefrom, together with such 
other facts as may be necessary to a fall understanding of his acts. [See 
§§3618, 3672, Sale op Old Materials, also Lost Vessels and Arson 
op Vessels.] 

VOLUNTEER NAVY. 



Sec. 

1600. Credit to marine officers for volunteer serv- 
ice. 



Sec. 

1411. Acting assistant surgeons. 

1412. Credit for volunteer service. 
1559. Pay of volunteer service. 
Title 15, Chap. 1. Sec. 1411. The Secretary of the Navy may appoint, for temporary serv- 

Acting assist- ice > sucn actm g assistant surgeons, as the exigencies of the service may 
ant surgeons. require, who shall receive the compensation of assistant surgeons. 



285 

Sec. 1412. Officers who have been, or may be, transferred from the Credit for vol- 
Tohmteer service to the Regular Navy shall be credited with the sea y inteer sea-serv- 
service performed by them as volunteer officers, and shall receive all the 1C( 
benefits of such duty in the same manner as if they had been, during 
such service, in the Regular Navy. 

Sec. 1559. When a volunteer naval service is authorized by law, the Titie 15, Chap. 8. 
officers therein sball be entitled to receive the same pay as officers of the 
same grades, respectively, in the Regular Navy. 

Sec. 1600. All marine officers shall be credited with the length of time Title 15, Chap. 9. 

they may have been employed as officers or enlisted men in the volun- ]y; arine ffi ' 
teer service of the United States. to be credited for 

volunteer service. 



Pay volunteer 
service. 



WAS DEPAETMEXT. 

See Department of War. 

WAERANT OFFICERS. 



Sec. 

1405. "Warrant officers, number and appointment 

of. 

1406. Title. 

1407. Promotion of seamen to warrant officers. 



Sec. 

1438. As naval store-keepers. 

1491. Rank. 

1556. Pay. 



Sec. 1405. The President may appoint for the vessels in actual service, Title 15. Chap, 
as many boatswains, gunners, sailmakers, and carpenters as may, in his ^ 
opinion, be necessary and proper. 



•rant offi- 
cers, number and 

Sec. 1406. Boatswains, gunners, carpenters, and sailmakers shall be Title. 
known and shall be entered upon the Naval Register as '* warrant offi- 
cers in the naval service of the United States." 

Sec. 1407. Seamen distinguishing themselves in battle, or by extraor- Promotion o f 
diuary heroism in the liue of their profession, may be promoted to for- seamen to war- 
ward warrant officers, upon the recommendation of their commanding rant officers - 
officer, approved by the flag-officer and Secretary of the Navy. And 
upon such recommendation they shall receive a gratuity of one hundred 
dollars and a medal of honor, to be prepared under the direction of the 
Navy Department. 

Sec. 1436. The Secretary of the Navy shall order a suitable commis- Title 15, Chap. 2. 

sioned or warrant officer of the Navy, except in the case provided in - r — ; 

section fourteen hundred and fourteen, to take charge of the naval k^™"/ as store ~ 
stores for foreign squadrons at each of the foreign stations where such 
stores may be deposited, and where a store-keeper may be necessary. 
[See §^1414 and 1439, under Civil Engineers and Naval Store- 
Keepers.] 

Sec. 1491. The President may, if he shall deem it conducive to the in- Title 15, Chap. 4. 

terests of the service, give assimilated rank to boatswains, gunners, n an k # 
carpenters, and sailmakers, as follows : After five years' service, to rank 
with ensigns, and after ten years' service, to rank with masters. 

Sec. 1556. Boatswains, gunners, carpenters, and sail-makers, during Title 15, Chap. 8. 
the first three years after date of appointment, when at sea, one thou- 
sand two hundred dollars; on shore duty, nine hundred dollars; on 
leave, or waiting orders, seven hundred dollars ; during the second three 
years after such date, when at sea, one thousand three hundred dollars ; 
on shore duty, one thousand dollars; on leave, or waiting orders, eight 
hundred dollars; during the third three years after such date, when at 
sea, one thousand four hundred dollars ; on shore duty, one thousand 
three hundred dollars; on leave, or waiting orders, nine hundred dol- 
lars ; during the fourth three years after such date, when at sea, one 
thousand six hundred dollars ; on shore duty, one thousand three hun- 
dred dollars; on leave, or waiting orders, one thousand dollars; after 
twelve years from such date, when at sea, one thousaud eight hundred 
dollars : on shore duty, one thousand six hundred dollars ; on leave, or 
waiting orders, one thousand two hundred dollars. 



Pay. 



286 



WITNESSES— WITNESSES' FEES. 



Sec. 

877. "Witnesses, form of subpoena ; attendance un- 

der. 

878. "Witnesses in behalf of indigent defendants in 

criminal cases. 

879. Recognizance of witnesses. 

880. Same. 

881. Same. 



sent away a 
nesses paid 



Sec. 

848. Witnesses' fees. 

849. No officer of court to Lave witness fees. 

850. Expenses of clerks, &c, of United States 

sent away as witnesses paid. 

851. Seamen sent home as witnesses. 

875. Letters rogatory from United States courts. 

876. Subpoenas for witnesses to run into another 

district. 

Title I3,Chap. 16. Sec. 848. For each day's attendance in court, or before any officer pur- 
Witnesses' fees suan * to law, one dollar and fifty cents, and five cents a mile for going 
' from his place of residence to the place of trial or hearing, and five cents 
a mile for returning. When a witness is subpoenaed in more than one 
cause between the same parties, at the same court, only one travel fee 
and one per diem compensation shall be allowed for attendance. Both 
shall be taxed in the case first disposed of, after which the per diem at- 
tendance fee alone shall be taxed in the other cases in the order in which 
they are disposed of. • 

When a witness is detained in prison for want of security for his ap- 
pearance, he sball be entitled, in addition to his subsistence, to a com- 
pensation of one dollar a day. [See §§ 879, 881..] 
No officer of Sec. 849. No officer of the United States courts, in any State or Terri- 
c ? urt f to have tory, or in the District of Columbia, shall be entitled to witness fees for 
witness ees. attending before any court or commissioner where he is officiating. 

Expenses of Sec. 850. When any clerk or other officer of the United States is sent 
clerks, &c, of away from his place of business as a witness for the Government, his 
i States necessary expenses, stated in items and sworn to, in going, returning, 
' and attendance on the court, shall be audited and paid ; but no mileage, 
or other compensation in addition to his salary, shall in any case be 
allowed. 
Seamen sent Sec. 851. There shall be paid to each seaman or other person who is 
home as witness- se nt to the United States from any foreign port, station, sea, or ocean, 
es * by any United States minister, charge" d'affaires, consul, captain, or com- 

mander, to give testimony in any criminal case depending in any court 
of the United States, such compensation, exclusive of subsistence and 
transportation, as such court may adjudge to be proper, not exceeding 
one dollar for each clay necessarily employed in such voyage, and in ar- 
riving at the place of examination or trial. In fixing such compensation, 
the court shall take into consideration the condition of said seaman or 
witness, and whether bis voyage has been broken up, to his injury, by 
his being sent to the United States. 

When such seaman or person is transported in an armed vessel of the 
United States, no charge for subsistence or transportation shall be al- 
lowed. When he is transported in any other vessel, the compensation 
for his transportation and subsistence, not exceeding in any case fifty 
cents a day, may be fixed by the court, and shall be paid to the captain 
of said vessel accordingly. 

Title 13,Chap. 17. Sec. 875. When any commission or letter rogatory, issued to take the 
Letters roga- testimony of any witness in a foreign country, in any suit in which the 
tory from United United States are parties or have an interest, is executed by the court 
States courts. or the commissioner to whom it is directed, it shall be returned by such 
court or commissioner to the minister or consul of the United States 
nearest the place where it is executed. On receiving the same, the said 
minister or consul shall indorse thereon a certificate, stating when and 
where the same was received, and that the said deposition is in the same 
condition as when he received it ; and he shall thereupon transmit the 
said letter or commission, so executed and certified, by mail, to the 
clerk of the court from which the same issued, in the manner in which 
his official dispatches are transmitted to the Government. And the tes- 
timony of witnesses so taken and returned shall be read as evidence on 
the trial of the suit in which it was taken, without objection as to the 
method of returning the same. [See §§ 4071-4074, Fokeign Kela- 

TIONS.] 

Subpoenas for Sec. 876. Subpoenas for witnesses who are required to attend a court 
witnesses to run f the United States, in any district, may run into any other district : 
trict an0tlier dlS " Provided, That in civil causes the witnesses living out of the district iu 
which the court is held do not live at a greater distance than one hun- 
dred miles from the place of holding the same. 



287 

Sec. 877. Witnesses who are required to attend any term of a circuit Witnesses, form 
or district court on the part of the United States, shall be subpoenaed ° f subpoena : at- 
to attend to testify generally on their behalf, and not to depart the tenGance untler - 
court without leave thereof, or of the district attorney ; and under such 
process they shall appear before the grand or petit jury, or both, as they 
may be required by the court or district attorney. 

SEC. 878. Whenever any person indicted iu a court of the United Witnesses in 
States makes affidavit, setting- forth that there are witnesses whose evi- behalf of indigent 
deuce is material to his defense ; that he cannot safely go to trial with- crimfnaUasel "* 
out them : what he expects to prove by each of them ; that they are 
within the district iu which the court is held, or withiu one huudred 
miles of the place of trial ; and that he is not possessed of sufficient 
means, and is actually unable to pay the fees of such witnesses, the 
court in term, or any judge thereof in vacation, may order that such 
witnesses be subpoenaed if found within the limits aforesaid. In such 
case the costs incurred by the process and the fees of the witnesses shall 
be paid in the same manner that similar costs and fees are paid in case 
of witnesses subpoenaed iu behalf of the United States. 

Sec. 879. Any judge or other officer who may be authorized to arrest Ee cognizance 
and imprison or bail persons charged with any crime or offense against °f witnesses at 
the United States may, at the hearing of any such charge, require of cbaro-es 1 ' Yn^rim- 
any witness produced against the prisoner, on pain of imprisonment, ainalcases. 
recognizance, with or without sureties, in his discretion, for his appear- 
ance to testify in the case. And where the crime or offense is charged to 
have been committed on the high seas, or elsewhere within the admiralty 
and maritime jurisdiction of the United States, he ruay, iu his discre- 
tion, require a like recognizance, with such sureties as he may deem 
necessary, of any witness produced in behalf of the accused, whose 
testimony in his opinion is important, and is iu danger of being other- 
wise lost. [See 9 84^.] 

[Sec. 880 relates to recognizance of witnesses in the State of Vermont.] Recognizance 

Sec. 681. Any judge of the United States, on the application of a dis- of witnesses re- 
trict attorney, and on beiug satisfied by proof that the testimony of any <]. uire d at any 
person is competent and will be necessary on the trial of any criminal tiMu>fdi8trlctat- 
proceediug iu which the United States are parties or are interested, may torney. 
compel such person to give recognizance, with or without sureties, at 
his discretion, to appear to testify therein; and, for that purpose, may 
issue a warrant against such person, under his hand, with or without 
seal, directed to the marshal or other officer authorized to execute pro- 
cess in behalf of the United States, to arrest and bring before him such 
person. If the person so arrested neglects or refuses to give recogni- 
zance in the manner required, th - judge may issue a warrant of com- 
mitment against him, aud the officer shall convey him to the prison men- 
tioned therein. And the said person shall remain in confinement until 
he is removed to the court for the purpose of giving his testimony, or 
until he gives the recognizance required by said judge. [See § 848.] 

[See, also, Congressional Investigations, Claims, Court of Claims, 
Courts-Martial, Foreign Relations, and Prize.] 

YACHTS. 



Sec. I Sec. 



4214. Pleasure yachts. 
421.". Siunals of yachts. 
4216. Yachts of foreign clubs. 



4217. Commissions to vacbts. 

4218. Entry of yachts.' 



Sec. 4214. The Secretary of the Treasury may cause yachts used and Title 48, Chap. 2. 
employed exclusively as pleasure-vessels, aud designed as models of ~^T ~~T~. 

naval architecture, if entitled to be enrolled as American vessels, to be easure ^ ac s - 
licensed on terms which will authorize them to proceed from port to port 
of the United States, and by sea to foreign ports, without entering or 
clearing at the custom-house. Such license shall be in such form as the 
Secretary of the Treasury may prescribe. The owner of any such ves- 
sel, before taking out such license, shall give a bond, in such form and 
for such amount as the Secretary of the Treasury shall prescribe, con- 
ditioned that the vessel shall not engage in any unlawful trade, nor in 
any way violate the revenue laws of the United States, and shall com- 
ply with the laws in all other respects. Such vessels so enrolled and 
licensed shall not be allowed to transport merchandise or carry passen- 
gers for pay. Such vessels shall, in all respects, except as above, be 
subject to the laws of the United States, and shall be liable to seizure 
and forfeiture for any violation of the provisions of this Title. 



288 

Signals of yachts. Sec. 4215. All sacli licensed yachts shall use a signal of the form, 
size, and colors prescribed by the Secretary of the Navy; and the own- 
ers thereof shall at all times permit the naval architects in the employ 
of the United States to examine aud copy the models of such yachts. 
Yachts belong- Sec. 4216. Yachts, belonging to a regularly organized yacht club of 
ing to foreign any foreign nation which shall extend like privileges to the yachts of 
yacht-clubs. f] 16 United States, shall have the privilege of enteriug or leaving any 
port of the United States without entering or clearing at the custom- 
house thereof, or paying tonnage tax. 

vachts miSSi0nSt ° SeC " 42l7> For the identification of yachts and their owners, a com- 
mission to sail for pleasure in any designated yacht belonging to any 
regularly organized and incorporated yacht club, stating the exemp- 
tions and privileges enjoyed under it, may be issued by the Secretary 
of the Treasury, and shall be a token of credit to any United States 
official, and to the authorities of any foreign power, for privileges en- 
joyed under it. 

Entry of yachts. Sec. 4218. Every yacht visiting a foreign country under the pro- 
visions of the four preceding sections shall, on her return to the United 
States, make due entry at the custom-house of the port at which, on 
such return, she shall arrive. 

SUPPLEMENT. 

Title 16. Sec. 1642. Whenever the United States are invaded, or are in immi- 

^OrdersofPresi- nm ^ danger of invasion from any foreign nation or Indian tribe, or of 
dent in case f reDe H' on against the authority of the Government of the United States, 
invasion. it shall be lawful for the President to call forth such number of the 

militia of the State or States, most convenient to the place of danger, or 
scene of action, as he may deem necessary to repel such invasion, or to 
suppress such rebellion, and to issue his orders for that purpose to such 
officers of the militia as he may think proper. 
Militia, how Sec. 1643. When the militia of more than one State is called into the 
apportioned. actual service of the Uuited States by the President, he shall apportion 
them among such States according to representative population. 
Subject to rules Sec. 1644. The militia, when called into the actual service of the 
of war. United States for the suppression of rebellion against and resistance to 

the laws of the United States, shall be subject to the same rules and 
articles of war as the regular troops of the ifnited States. 
e Sec. 1795. All that part of the territory of the United States included 

Permanent seat within the present limits of the District of Columbia shall be the perma- 
of Government, nent seat of Government of the United States. 

Public offices Sec. 1796. All offices attached to the seat of Government shall be ex- 
to be exercised erc j se( i i n the District of Columbia, and not elsewhere, except as other- 
ernment wise expressly provided by law. [See §§ 4798, 4799, Quarantine.] 

Title 70, Chap. 3. Sec. 5390. Every person who, having knowledge of the actual com- 
_ Misprision f mission of the crime of murder or other felony upon the high seas, or 
felony. within any fort, arsenal, dock-yard, magazine, or other place or district 

of country under the exclusive jurisdiction of the United States, con- 
ceals, and does not as soon as may be disclose and make known the 
same to some one of the judges or other persons in civil or military au- 
thority under the United States, is guilty of misprision of felony, and 
* shall be imprisoned not more than three years, and fined not more than 
five hundred dollars. [See Murder.] 
Certain offenses Sec. 5391. If any offense be committed in any place which has been 
committed in or ma ,y hereafter be, ceded to and under the jurisdiction of the United 
United States° States, which offense is not prohibited, or the'punishment thereof is not 
how punished. ' specially provided for, by any law of the United States, such offense 
shall be liable to, and receive, the same punishment as the laws of the 
State in which such place is situated, now in force, provide for the like 
offense when committed within the jurisdiction of such State ; and no 
subsequent repeal of auy such State law shall affect any prosecution for 
such offense in any court of the United States. 
Title 14, Chnp. " . Art. 78. Officers of the Marine Corps, detached for service with the 
Marine and Army by order of the President, may be associated with officers of the 
Regular Army Regular Army on courts-martial for the trial of offenders belonging to 
officers associa- the Regular Army, or to forces of the Marine Corps so detached ; and in 
ted on courts. SU ch. cases the orders of the senior officer of either corps, who may be 
present and duly authorized, shall be obeyed. 






A.PPE2STDIX. 



I. Titles of the Revised Statutes. 

II. Recognition by Congress of gallant services of officers and others of the Navy 
and the Marine Corps. 

III. Acknowledgment by Congress of prominent services, and authority to officers to 

accept medals, swords, decorations, &c, from foreign governments. 

IV. General relief acts, &c. 

V. Constitution of the United States. 
VI. Secretaries of the Navy. 

19 N L 



PAET I 



TITLES OF THE BEVISED STATUTES. 



Xo. Sec?. 

1. General provisions* 1-13 

2. The Congress 14-130 

3. The President 131-157 

4. Provisions applicable to all the Departments 158-198 

5. The Department of State 199-213 

6. The Department of War 214-232 

7. The Department of the Treasury 233-345 

8. The Department of Justice 346-387 

9. The Post-Office Department 388-414 

10. The Department of the Navy 415-436 

11. The Department of the Interior 437-519 

12. The Department of Agriculture 520-529 

13. The Judiciary 530-1093 

14. The Army 1094-1361 

15. The Navy 1362-1624 

16. The militia 1625-1661 

17. Arms, armories, and arsenals 1662-1673 

18. Diplomatic and consular officers 1674-1752 

19. Provision s applicable to several classes of officers 1753-1790 

20. Flag and seal T .- 1791-1794 

21. Seat of Government, including the public buildings. 1795-1835 

22. The States 1836-1838 

23. The Territories 1839-1976 

24. Civil rights 1977-1991 

25. Citizenship 1992-2001 

26. The elective franchise 2002-2031 

27. The freedmen 2032-2038 

28. Iudians 2039-2157 

29. Immigration 2158-2164 

30. Naturalization 2165-2174 

31. The census 2175-2206 

32. The public lands 2207-2490 

33. Duties upon imports '. 2491-2516 

34. Collection of duties upon imports 2517-3139 

35. Internal revenue 3140-3465 

36. Debts due by or to the United States 3466-3494 

37. Coinage, weights, and measures 3495-3570 

38. The currency 3571-3583 

39. Legal tender 3584-3590 

40. The public moneys 3591-3659 

41. Appropriations 3660-3692 

42. The public debt 3693-3708 

43. Public contracts 3709-3747 

44. The public property 3748-3755 

45. Public printing, advertisements, and public documents 3756-3828 

46. The postal service 3829-4061 

47. Foreign relations : 4062-4130 

48. Regulation of commerce and navigation 4131-4305 

49. Regulation of vessels in foreign commerce 4306-4310 

50. Regulation of vessels in domestic commerce 4311-4390 

51. Regulation of fisheries 4391-4398 



292 

No. Sees. 

52. Regulation of steam-vessels % , 4399-4500 

53. Merchant seamen 4501-4612 

54. Prize 4613-4652 

55. Lights and buoys 4653-4630 

56. The coast survey 4681-4691 

57. Pensions 4692-4791 

58. The public health 4792-4800 

59. Hospitals, asylums, and cemeteries 4801-4882 

60. Patents, trade-marks, and copyrights 4883-4971 

61. Bankruptcy 4972-5132 

62. National banks 5133-5243 

63. Rivers and harbors 5244-5255 

64. Railways 5256-5262 

65. Telegraphs 5263-5269 

66. Extradition 5270-5280 

67. Neutrality - ' 5281-5291 

68. Remission of fines, penalties, and forfeitures 5292-5296 

69. Insurrection 5297-5322 

70. Crimes 5323-5550 

71. The slave-trade 5551-5569 

72. Guano islands 5570-5578 

73. The Smithsonian Institution 5579-5594 

74. Repeal provisions / 5595-5601 



PAET II. 



EEGOGNITIOX BY CONGRESS OF GALLANT SERVICES OE 
OFFICERS AND OTHERS OF THE NAVY AND MARINE 
CORPS. 



Resolution requesting the President to present a gold medal to Captain Thomas Truxtun ; and respect- 
ing the conduct of Midshipman James Jarvis. 

That the President of the United States be requested to present to Captain Thomas 
Truxtun, a golden medal, emblematical of the late action between the United States' 
frigate Constellation, of thirty-eight guns, and the French ship of war La Vengeance, 
of fifty-four ; in testimony of the high sense entertained by Congress of his gallantry 
and good conduct in the above engagement, wherein an example was exhibited by the 
captain, officers, sailors, and marines, honorable to the American name, and instructive 
to its rising navy. 

That the conduct of James Jarvis, a midshipman in said frigate, who gloriously 
preferred certain death to an abandonment of his post, is deserving of the highest 
praise, and that the loss of so promising an officer is a subject of national regret. 

Approved March 29, 1800. 



Resolution expressing the sense of Congress on the gallant conduct of Lieutenant Sterett, the officers, 
and crew of the United States' schooner Enterprise. 

That they entertain a high sense of the gallant conduct of Lieutenant Sterett, and 
the other officers, seamen, and marines, on board the schooner Enterprise, in the cap- 
ture of a Tripolitan corsair of fourteen guns and eighty men. 

That the President of the United States be requested to present to Lieutenant Sterett 
a sword, commemorative of the aforesaid heroic action ; and that one month's pay be 
allowed to all the other officers, seamen, and marines, who were on board the Enter- 
prise when the aforesaid action took place. 

Approved February 3, 1802. 



Resolution expressive of the sense of Congress of the gallant conduct of Captain Stephen Decatur, the 
officers and crew of the United States' ketch Intrepid, in attacking, in the harhor of Tripoli, and de- 
stroying, a Tripolitan frigate of forty-four guns. 

That the President of the United States be requested to present, in the name of 
Congress, to Captain Stephen Decatur, a sword, and to each of the officers aud crew of 
the United States' ketch Intrepid, two months' pay, as a testimony of the high sense 
entertained by Congress of the gallantry, good conduct, and services of Captain 
Decatur, the officers and crew, of the said ketch, in attacking, in the harbor of Tripoli, 
and destroying, a Tripolitan frigate of forty-four guns. 

Approved November 27, 1804. 



Resolutions expressive of the sense of Congress of the gallant conduct of Commodore Edward Prehle, 
the officers, seamen, and marines of his squadron. 

That the thanks of Congress be, and the same are hereby, presented to Commodore 
Edward Preble, and through him to the officers, petty offiers, seamen, and marines, at- 
tached to the squadron under his command, for their gallantry and good conduct dis- 
played in the several attacks on the town, batteries, and naval force of Tripoli, in the 
year 1804. 

That the President of the United States be requested to cause a gold medal to be 



294 

struck, emblematical of the attacks on the town, batteries, and naval force of Tripoli 
by the squadron under Commodore Preble's command, and to present it to Commodore 
Preble in such manner as, in his opinion, will be most honorable to him : and that 
the President be further requested to cause a sword to be presented to each of the 
commissioned officers and midshipmen who have distinguished themselves in the sev- 
eral attacks. 

That one months' pay be allowed, exclusively of the common allowance, to all the 
petty officers, seamen, and marines, of the squadron, who so gloriously supported the 
honor of the American flag, under the orders of their gallant commander, in the sev- 
eral attacks. 

That the President of the United States be also requested to communicate to the 
parents, or other near relatives, of Captain Richard Somers, Lieutenants Henry Wads- 
worth, James Decatur, James R. Caldwell, Joseph Israel, and Midshipman John 
Sword Dorsey, the deep regret which Congress feel for the loss of those gallant men, 
whose names ought to live in the recollection and affection of a grateful country, and 
whose conduct ought to be regarded as an example to future generations. 

Approved March 3, 1805. 



Ail act remitting the duties payable on the importation of a monument to be erected in memory of the 
officers of the United States navy who fell during the attack made on the city of Tripoli, in the year 
one thousand eight hundred and four. 

That the duties payable, according to law, on the importation of a monument im- 
ported in the frigate Constitution, from Italy, on account of the officers of the United 
States navy, be, and they are hereby, remitted. 

Approved March 13, 1808. 

An act mating appropriations for naval service for the year 1831. 

For rebuilding and removing the monument, erected in the navy yard at Washing- 
ton, by the officers of the American navy, to the memory of those who fell in battle in 
the Tripolitan war, a sum not exceeding twenty-one hundred dollars, to be expended 
under the orders of the Secretary of the Navy. 

Approved March 2, 1831. 

An act to provide for completing the removal and erection of the naval monument. 

For the purpose of paying the workmen for renewing the inscriptions, and giving 
uniformity of color to the naval monument, its ornaments and statues, recently removed 
from the Washington navy yard to the Capitol square, a sum not exceeding two hun- 
dred dollars be, and the same is hereby, appropriated. 

Approved July 14, 1832. 

[This monument was subsequently removed to the grounds of the Naval Academy 
at Annapolis.] 



Resolution respecting N. C. Nissen, Danish consul at Tripoli. 

That the President of the United States be requested to cause to be made known to 
Nicholas C. Nissen, esquire, his Danish majesty's consul residing at Tripoli, the high 
sense entertained by Congress of his disinterested and benevolent attentions mani- 
fested to Captain Bainbridge, his officers, and crew, during the time of their captivity 
in Tripoli. 

Approved March 10, 1806. 



Resolutions relative to the brilliant achievements of Captains Hull, Decatur, Jones, and Lieutenant 

Elliott. 

1. That the President of the United States be, and he is hereby, requested to present 
to Captain Hull, of the frigate Constitution, Captain Decatur, of the frigate United 
States, and Captain Jones, of the sloop of war Wasp, each a gold medal, with suit- 
able emblems and devices; and a silver medal, with like emblems and devices, to each 
commissioned officer of the aforesaid vessels, iu testimony of the high sense entertained 
by Congress of the gallantry, good conduct, and services, of the captains, officers, 
and crews, of the aforesaid vessels, in their respective conflicts with the British frig- 



295 

ates, the Guerriere and the Macedonian, and sloop of war Frolic ; and the President is 
also requested to present a silver medal, -with like emblems and devices, to the nearest 
male relative of Lieutenant Bush, and one to the nearest male relative of Lieutenant 
Funk, in testimony of the gallantry and merit of those deceased officers, in whom their 
country has sustained a loss much to be regretted. 

2. That the President of the United States be, and he hereby is, requested to present 
to Lieutenant Elliott, of the Navy of the United States, an elegant sword, with suit- 
able emblems and devices, in testimony of the just sense entertained by Congress of 
his gallantry and good conduct in boarding and capturing the British brigs Detroit 
and Caledonia, while anchored under the protection of Fort Erie. 

Approved January 29, 1813. 



Resolution requesting the President of the United States to present medals to Captain] William Bain- 
bridge, and the officers of the frigate Constitution. 

That the President of the Uuited States be, and he is hereby, requested to present 
to Captain William Bainbridge, of the frigate Constitution, a gold medal, with suitable 
emblems and devices ; aud a silver medal, with suitable emblems and devices, to each 
commissioned officer of the said frigate, in testimony of the high sense entertained by 
Congress of the gallantry, good conduct, and services of Captain Bainbridge, his 
officers and crew, in the capture of the British frigate Java, after a brave and skilful 
combat. 

Approved March 3, 1813. 



An act rewarding the officers and crew of the frigate Constitution, and the officers and crew of the 

Wasp. 

Be it enacted, Src, That the President of the United States be, and he is hereby 
authorized to have distributed, as prize money, to Captain Isaac Hull, of the frigate 
Constitution, his officers and crew, the sum of fifty thousand dollars, for the capture 
aud destruction of the British frigate Guerriere : and the like sum, in like manner, to 
Captain William Bainbridge, his officers and crew, for the capture and, destruction of 
the British frigate Java : and the sum of twenty-five thousand dollars, in like manner, 
to Captain Jacob Jones, of the sloop of war Wasp, his officers and crew, for the cap- 
ture of the British sloop of war Frolic : and that the sum of one hundred and twenty- 
five thousaud dollars, out of any money in the treasury not otherwise appropriated, 
be, and the same is hereby, appropriated for the purposes aforesaid. 

Approved March 3, 1813. 



An act to reward the officers and crew of the sloop of war Hornet, and Lieutenant Elliott, and his 

officers and companions. 

That the President of the United States be, and he is hereby, authorized to have 
distributed, as prize money, to Captain James Lawrence, late of the sloop of war 
Hornet, his officers and crew, or their widows and children, the sum of twenty-five 
thousand dollars, for the capture and destruction of the British brig Peacock ; and to 
Lieutenant Elliott, and his officers and companions, or their widows and children, the 
sum of twelve thousand dollars, for the capture and destruction of the British brig 
Detroit ; and that the sum of thirty-seven thousand dollars be, and the same is hereby, 
appropriated to the purpose aforesaid, to be paid out of any money in the treasury not 
otherwise appropriated. 

Approved July 13, 1813. 



Resolution relative to the brilliant achievement of Lieutenants Burrows and McCall. 

That the President of the United States be requested to present to the nearest male 
relative of Lieutenant William Burrows, and to Lieutenant Edward R. McCall, of the 
biig Enterprize, a gold medal, with suitable emblems and devices ; and a silver medal, 
with like emblems and devices, to eaeh of the commissioned officers of the aforesaid 
vessel, in testimony of the high sense entertained by Congress of the gallantry and 
good conduct of the officers and crew in the conflict with the British sloop Boxer, on 
the fourth of September, in the year eighteen hundred and thirteen. And the President 
is also requested to communicate to the nearest male relative of Lieutenant Burrows, 
the deep regret which Congress feel for the loss of that valuable officer, who died in 
the arms of victory, nobly contending for his country's rights and fame. 

Approved January 6, 1814. 



Resolution directing a sword to be presented to the nearest male relation of Midshipman John Clark. 

That the President of the United States be requested to present a sword to the 
nearest male relation of Midshipman John Clark, who was slain gallantly combating 
the enemy in the glorious battle gained on Lake Erie, under the command of Captain 
Perry, and to communicate to him the deep regret which Congress feels for the loss of 
that brave officer. 

Approved February 19, 1814. 



Eesolutions expressive of the sense of Congress of the gallant condnct of Captain Thomas Macdonough, 
the officers, seamen, marines, and infantry serving as marines, on board the United States squadron 
on Lake Champlain. 

That the thanks of Congress be, and the same are hereby, presented to Captain 
Thomas Macdonough, and, through him, to the officers, petty officers, seamen, marines, 
and infantry serving as marines, attached to the squadron under his command, for the 
decisive and splendid victory gained on Lake Champlain, on the eleventh of Septem- 
ber, in the year one thousand eight hundred and fourteen, over a British squadron of 
superior force. 

That the President of the United States be requested to cause gold medals to be 
struck, emblematical of the action between the two squadrons, and to present them 
to Captain Macdonough and Captain Robert Henley, and. also to Lieutenant Stephen 
Cassin, in such manner as may be most honorable to them ; and that the President be 
further requested to present a silver medal, with suitable emblems and devices, to each 
of the commissioned officers of the navy and army serving on board, and a sword to 
each of the midshipmen and sailing-masters, who so nobly distinguished themselves 
in that memorable conflict. 

That the President of the United States be requested to present a silver medal, with 
like emblems and devices, to the nearest male relative of Lieutenant Peter Gamble, 
and of Lieutenant John Stansbury, and to communicate to them the deep regret 
which Congress feels for the loss of those gallant men, whose names ought to live in the 
recollection and affection of a grateful country. 

That three months' pay be allowed, exclusively of the common allowance, to all the 
petty officers, seamen, marines, and infantry serving as marines, who so gloriously 
supported the honor of the American flag on that memorable day. 

Approved October 20, 1814. 



Eesolutions expressive of the sense of Congress of the gallant conduct of Captain Oliver H. Perry, the 
officers, seamen, marines, and infantry acting as such, on board oi his squadron. 

That the thanks of Congress be, and the same are hereby, presented to Captain 
Oliver Hazard Perry, and through him to the officers, petty officers, seamen, marines, 
and infantry serving as such, attached to the squadron under his command, for the 
decisive and glorious victory gained on lake Erie, on the tenth of. September, in the 
year eighteen hundred and thirteen, over a British squadron of superior force. 

That the President of the United States be requested to cause gold medals to be 
struck, emblematical of the action between the two squadrons, and to present them to 
Captain Perry and Captain Jesse D. Elliott, in such manner as will be most honorable 
to them ; and that the President be further requested to present a silver medal, with 
suitable emblems and devices, to each of the commissioned officers, either of the navy 
or army, serving on board, and a sword to each of the midshipmen and sailing-masters 
who so nobly distinguished themselves on that memorable day. 

That the President of the United States be requested to present a silver medal, with 
like emblems and devices, to the nearest male relative of Lieutenant John Brooks, of 
the marines, and a sword to the nearest male relatives of Midshipmen Henry Laub, 
and Thomas Claxton, jr., and to communicate to them the deep regret which Congress 
feel for the loss of those gallant men, whose names ought to live in the recollection 
and affection of a grateful country, and whose conduct ought to be regarded as an 
example to fnture generations. 

That three months' pay be allowed, exclusively of the common allowance, to all the 
petty officers, seamen, marines, and infantry serving as such, who so gloriously sup- 
ported the honor of the American flag, under the orders of their gallant commander, on 
that signal occasion. 

Approved January 6, 1814. 



Resolution relative to the brilliant achievement of Captain James Lawrence, in the capture of the 
British vessel of war, the Peacock. 

That the President of the United States be requested to present to the nearest 



297 

male relative of Captain James Lawrence, a gold medal, and a silver medal to each 
of the commissioned officers "who served under him in the sloop of war Hornet, in 
her conflict with the British vessel of war, the Peacock, in testimony of the high sense 
entertained by Congress of the gallantry and good' conduct of the officers and crew in 
the capture of that vessel ; and the President is also requested to communicate to the 
nearest relative of Captain Lawrence the sense which Congress entertains of the 
loss which the naval service of the United States has since sustained in the death of 
that distinguished officer. 
Approved January 11, 1814. 



An act authorizing the purchase of the vessels captured on Lake Erie. 

Sec. 1. Be it enacted, cjrc. That the President of the United States be, and he is hereby, 
authorized to cause to be purchased the British vessels which were captured on Like 
Erie by the American squadron, on the tenth day of September, in the year one thousand 
eight hundred and thirteen ; and the sum of two hundred and fifty-five thousand 
dollars, in payment for the said vessels, shall be distributed as prize money among the 
captors or their heirs. 

Sec. 2. That, for carrying into effect this act, a sum not exceeding two hundred and 
fifty-five thousaud dollars be, and the same is hereby, appropriated, to be paid out of 
any money in the treasury not otherwise appropriated. 

Sec. 3. That there be allowed and paid to Captain Oliver H. Perry, out of any money 
in the treasury not otherwise appropriated, in addition to his share of prize money as 
commander of the ship Lawrence, the sum of five thousand dollars. 

Approved April 18, 1814. 



Eesolution expressive of the sense of Congress relative to the victory of the Peacock over the 

Epervier. 

That the President of the United States be requested to present to Captain Lewis 
Warrington, of the sloop of war Peacock, a gold medal, with suitable emblems and 
devices, and a silver medal, with like emblems and devices, to each of the commis- 
sioned officers, and a sword to each of the midshipmen, and to the sailing-master, of the 
said vessel, in testimony of the high sense entertained by Congress of the gallantry and 
good conduct of the officers and crew, in the action with the British brig Epervier, on 
the twenty-ninth day of April, in the year one thousand eight hundred and fourteen, 
in which action the decisive effect and great superiority of the American gunnery were 
so signally displayed. 

Approved October 21, 1814. 



Eesolution expressive of the sense of Congress relative to the capture of the British sloop Eein- 
deer, by the American sloop Wasp. 

That the President of the United States be requested to present to Captain Johnston 
Blakely, of the sloop Wasp, a gold medal, with suitable devices, and a silver medal, 
with like devices, to each of the commissioned officers, and also a sword to each of the 
midshipmen, and the sailing-master of the aforesaid vessel, in testimony of the high 
sense entertained by Congress of the gallantry and good conduct of the officers and crew, 
in the action with the British sloop of war Reindeer, on the twenty-eighth of June, in 
the year one thousand eight huudred and fourteen, in which action determined bravery 
and cool intrepidity, in nineteen minutes obtained a decisive victory, by boarding. 

Approved November 3, 1814. 



Eesolutions expressive of the high sense entertained by Congress of the gallantry and good condact 
of Commodore D. T. Patterson, and Major D. Carmick, and of the officers, seamen, and marines, under 
their command, in the defense of Xew Orleans. 

That Congress entertain a high sense of the valor and good conduct of Commodore 
D. T. Patterson, of the officers, petty officers, and seamen, attached to his command, 
for their prompt and efficient co-operation with General Jackson, in the late gallaut 
and successful defense of the city of New Orleans, when assailed by a powerful British 
force. 

That Congress entertain a high sense of the valor and good conduct of Major Daniel 
Carmick, of the officers, non-commissioned officers, and marines, under his command, 
in the defense of the s;iid city, on the late memorable occasion. 

Approved February 22, 1S15. 



298 

An act authorizing the purchase of vessels captured on lake Champlain. 

That the President of the United States be, and he is hereby, authorized to cause to 
be purchased, the British vessels which were captured on lake Champlain, by the 
American squadron, on the eleventh day of September, in the year eighteen hundred 
and fourteen ; and the amount of the valuation of such captured vessels, when duly 
made and returned to the navy department, shall be distributed as prize-money, among 
the captors or their heirs. 

Approved March 3, 1815. 



Resolution requesting the President to present medals to Captain James Biddle, and the officers of 

the sloop of war Hornet. 

That the President of the United States be, and he is hereby, requested to present to 
Captain James Biddle, of the sloop of war Hornet, a gold medal, with suitable emblems 
and devices, and a silver medal, with suitable emblems and devices, to each commis- 
sioned officer of the said sloop of war, in testimony of the high sense entertained by 
Congress of the gallantry, good conduct, and services, of Captain Biddle, his officers 
and crew, in capturing the British sloop of war Penguin, after a brave and skilful 
combat. 

Approved February 22, 1816. 



Resolution requesting the President to present medals to Captain Stewart and the officers of the 

frigate Constitution. 

That the President of the United States be, and he is hereby, requested to present to 
Captain Charles Stewart, of the frigate Constitution, a gold medal, with suitable em- 
blems and devices, and a silver medal, with suitable emblems and devices, to each com- 
missioned officer of the said frigate, in testimony of the high sense entertained by Con- 
gress of the gallantry, good conduct, and services, of Captain Stewart, his officers and 
crew, in the capture of the British vessels of war, the Cyane and the Levant, after a 
brave and skilful combat. 

Approved February 22, 1816. 



An act rewarding the officers and crew of the sloop of war Hornet, for the capture and destruction 
of the British sloop of war Penguin. 

That the President of the United States be, and he is hereby, authorized to have dis- 
tributed, as prize-money, to Captain James Biddle, of the sloop of war Hornet, his offi- 
cers and crew, the sum of twenty-five thousand dollars, for the capture and destruction 
of the British sloop of war Penguin ; and that the sum of twenty-five thousand dollars, 
out of any money in the treasury not otherwise appropriated, be, and the same is 
hereby, appropriated for the purpose aforesaid. 

Approved February 28, 1816. 



An act rewarding the officers and crew of the Constitution for the capture of the British sloop of 

war Levant. 

That the President of the United States be, and he hereby is, authorized to have dis- 
tributed as prize-money, to Captain Charles Stewart, late of the frigate Constitution, 
his officers and crew, the sum of twenty-five thousand dollars, for the capture of the 
British sloop of war Levant; and that the sum of twenty-five thousand dollars, out of 
any money in the treasury not otherwise appropriated, be, and the same is hereby, ap- 
propriated for the purpose aforesaid. 

Approved April 26, 1816. 



An act providing for the distribution of one hundred thousand dollars among the captors of the Alge- 
rine vessels captured and restored to the Dey of Algiers. 

That the sum of one hundred thousand dollars be, and the same is hereby, appropri- 
ated, to be paid'out of any moneys in the treasury not otherwise appropriated, and dis- 
tributed in the same proportions and under the same regulations as prize money is now 
by law directed to be distributed, among the captors of the Algerine vessels, captured 



299 

by the American squadron, under the command of Commodore Decatur, and afterwards 
restored to the Dey of Algiers. 
Approved April 27, 1816. 



An act authorizing the distribution of a sum of money among the representatives of Commodore Ed 
ward Preble, and the officers and crew of the brig Syren. 

That the sum of two thousand five hundred dollars is hereby appropriated, out of any 
money in the treasury not otherwise appropriated; which sum shall be distributed by 
the Secretary of tbe Navy, as prize mouey, among the representatives of Commodore 
Edward Preble, deceased, and Captain Charles Stewart, the officers and crew of the 
brig of war Syreu, or to the representatives of such as may be dead, on account of their 
proportion of the sum of five thousaud dollars, the appraised value of the brig Trans- 
fer, captured by the said brig Syreu, for a breach of the blockade of the port of Tripoli, 
in the year eighteen hundred aud four, during the war carried ou by the Uuited States 
against that power; the said brig Transfer having been taken into the service of the 
United States by Commodore Edward Preble, commander of the blockading squadron ; 
which brig was regularly condemned, as a good prize, by sentence of a court of admir- 
alty. 

Approved February 4, 1819. 



An act for the relief of the family of the late Oliver Hazard Perry, Esq. 

From and after the 23d day of August, in the year of our Lord one thousand eight 
hundred and nineteen, the following sums be, and the same hereby are, settled, by way 
of annuity, payable, under the direction of the Secretary of the Treasury, half yearly, 
at the treasury of the United States, or at the loan-office at Providence, at the option 
of the annuitants, on the widow and children of the late Oliver Hazard Perry, of the 
United States navy ; that is to say : 

On Elizabeth Perry, dowager of the aforesaid Oliver Hazard Perry, $400 during her 
natural life: provided, that the said annuity shall cease and determine on the determin- 
ation of her widowhood : 

On Christopher Grant Perry, his eldest son, $150 : 

On Oliver Hazard Perry, his second son, $150 : and 

On Christopher Raymond Perry, his third son, $150 : 
until the said Christopher Grant, Oliver Hazard, and Christopher Raymond, shall arrive 
at full age of twenty-one years respectively : 

And on Margaret Perry, only daughter, and youngest child, of the said Oliver Hazard 
Perry, deceased, the sum of $150, until she shall arrive at the age of twenty-one years 
aforesaid : provided, that in case the said Margaret shall have contracted any marriage 
on or before she shall reach the age of twenty-one years, aforesaid, then the said pen- 
sion or annuity shall cease and determine on the day whereon the said marriage shall 
have been contracted, as aforesaid : provided always, that in case the said Margaret shall 
not have contracted any marriage on that day, or prior thereto, then the said pension or 
allowance shall continue to be paid until the marriage or natural demise of the said 
Margaret : and provided further, that in case any of the said children of the said Oliver 
Hazard Perry, deceased, shall die under lawful age as aforesaid, then, and in that case, 
the pension or annuity granted by this act, shall, in such case, cease and determine, in 
respect to such child so deceasing. 

Approved March 2, 1821. 



An act rewarding the officers and crews of two gigs, or small boats, under the command of Lieutenan 
Francis H. Gregory, of the United States navy. 

That the President of the United States be, and he is hereby, authorized to have dis- 
tributed, as prize money, to Lieutenant Francis H. Gregory, of the United States navy, 
and the officers and crews of two gigs, or small boats, under his command or to their 
legal representatives, the sum of $3,000, for the capture and destruction of a British 
gun-boat called the Black Snake, in the river Saint Lawrence, on the 19th of June, 1814 ; 
and that the said sum of $3,000 be, and is hereby, appropriated for the purpose afore- 
said, out of any moneys in the treasury not otherwise appropriated. 

Approved May 4, 1824. 



Resolution expressive of the sense of Congress of the gallent conduct of Lieutenant Duncan, of th 

United States Navy. 

That the provisions of the joint resolutions of Congress, passed October twenty, 



300 

eighteen hundred and fourteen, entitled " Resolutions expressive of the sense of Con- 
gress of the gallant conduct of Captain Thomas Macdonough, the officers, seamen, and 
marines, and infantry serving as marines, on board of the United States squadron on 
lake Champlain," be so construed and extended as to include the name of Silas Dun- 
can, a lieutenant in the navy of the United States, in testimony of the sense which is 
entertained by both Houses of Congress, of the distinguished gallantry and good con- 
duct of the said Lieutenant Duncan, in an action with the enemy's forces, on the sixth 
of September, eighteen hundred and fourteen, on the same lake. 
Approved May 13, 1826. 



Joint resolution of thanks to the officers, sailors and marines of the United States Navy. 

That the thanks of Congress are due and are hereby tendered to the officers, sailors, 
and marines of the navy of the United States, for the zeal and ability with which their 
duty during the late war with Mexico, and especially their efficient co-operation with 
the army of the United States in the capture of Vera Cruz and the Castle of San Juan 
de Ulloa, was performed. 

That the President of the United States be requested to cause the foregoing resolu- 
tion to be communicated to the officers, sailors and marines of the navy of the United 
States in such terms as he may deem best calculated to give effect to the object 
thereof. 

Approved August 7, 1848. 






A joint resolution directing the presentation Of a medal to Commander Duncan N. Ingraham. 

That the President of the United States be, and he is hereby requested, to cause to 
be made a medal, with suitable devices, and presented to Commander Duncan N. 
Ingraham, of the navy of the United States, as a testimonial of the high sense enter- 
tained by Congress of his gallant and judicious conduct on the second of July, eight- 
een hundred and fifty-three, in extending protection to Martin Koszta, by rescuing him 
from illegal seizure and imprisonment on board the Austrian war-brig Hussar. 

Approved August 4, 1854. 



A resolution conferring the rank of senior flag-officer on the active service list of the United States 
Navy on CaptaiD Charles Stewart. 

That the President of the United States, by and with the advice and consent of the 
Senate, be, and he is hereby, authorized and empowered to confer on Captain Charles 
Stewart, of the United States navy, in recognition of his distinguished and meritori- 
ous service, the commission of senior flag officer of the United States navy, on the 
active service list. 

Approved March 2, 1859. 



A resolution giving the thanks of Congress to the officers, soldiers, and seamen of the Army and Navy 
for their gallantry in the recent brilliant victories over the enemies of the United States and the 
Constitution. 

That the thanks of Congress are due, and are hereby tendered, to the officers, sol- 
diers, and seamen of the Army and Navy of the United States, for the heroic gallantry, 
that under the providence of Almighty God, has won the recent series of brilliant vic- 
tories over the enemies of the Union and the Constitution. 

Approved February 22, 1 862. 



UPON RECOMMENDATION OF THE PRESIDENT. 

A resolution tendering the thanks of Congress to Captain Samuel F. DuPont, and officers, petty officers, 
seamen, and marines under his command, for the victory at Port Royal. 

That the thanks of Congress be, and they are hereby, tendered to Captain Samuel F. 
DuPont, and through him to the officers, petty officers, seamen, and marines attached 
to the squadron under his command, for the decisive and splendid victory achieved at 
Port Royal on the seventh day of November last. 

Approved February 22, 1862. 



301 

A resolution expressive of the thanks of Congress to Captain A. H. Foote, of the United States navy, 
and to the officers and men under bis command in the western flotilla. 

That the thanks of Congress and of the American people are due, and are hereby ten- 
dered, to Captain A. H. Foote, of the United States navy, and to the officers and men 
of the western flotilla under his command, for the great gallantry exhibited by them in 
the attacks upon Forts Henry and Donaldson, for their efficiency in opening the Ten- 
nessee, Cumberland, and Mississippi rivers to the pursuits of lawful commerce, and for 
their unwavering devotion to the cause of the country in the midst of the greatest diffi- 
culties and dangers. 

Approved March 19, 1862. 

A resolution expressive of the thanks of Congress to Lieutenant J. L. "Worden, of the United States 
navy, and to the officers and men under his command in the Monitor. 

That the thanks of Congress and of the American people are due and are hereby ten- 
dered to Lieutenant John L. Worden, of the United States navy, and to the officers and 
men of the iron-clad gunboat Monitor, under his command, for the skill and gallantry 
exhibited by them in the late remarkable battle between the Monitor and the rebel 
iron-clad steamer Merrimack. 

Sec. 2. Be it further resolved, That the President of the United States be requested 
to cause this resolution to be communicated to Lieutenant Worden, and through him 
to the officers and men under his command. 

Approved July 11, 1862. 



UPON RECOMMENDATION OF THE PRESIDENT. 

A resolution of thanks to Captain David G. Farragut, of the United States navy, and to the officers 

and men under his command. 

That the thanks of the people and of the Congress of the United States are due and 
are hereby tendered to Captain David G. Farragut, of the United States navy, and to 
the officers and men under his command, composing his squadron in the Gulf of Mex- 
ico, for their successful operations on the lower Mississippi river, and for their gallantry 
displayed in the capture of Forts Jackson and St. Philip, and the city of New Orleans, 
and in the destruction of the enemy's gunboats and armed, flotilla. 

Sec 2. And be it further resolved, That the Secretary of the Navy be directed to com- 
municate this resolution to Captain Farragut, and through him to the officers and men 
under his command. 

Approved July 11, 1862. 



UPON RECOMMENDATION OF THE PRESIDENT. 

A resolution tendering the thanks of Congress to Captain Louis M. Goldsborough, and officers, petty 
officers, seamen, and marines under his command, for the victory at Koanoke island. 

That the thanks of Congess be, and they are hereby, tendered to Captain Louis M. 
Goldsborough, and through him to the officers, petty officers, seamen, and marines at- 
tached to the squadron under his command, for the brilliant and decisive victory 
achieved at Roanoke island on the seventh, eighth, and tenth days of February last. 

Approved July 11, 1862. 



UPON RECOMMENDATION OF THE PRESIDENT. 

Joint resolution tendering the thanks of Congress to Captain Andrew H. Foote, of the United States 

navy. 

That the thanks of Congress be, and the same are hereby, tendered to Captain 
Andrew H. Foote, of the United States navy, for his eminent services and gallantry at 
Fort Henry, Fort Donelson, and Islaud Number Ten, while in command of the naval 
forces of the United States. 

Sec. 2. That the President of the United States be, and he is hereby, requested to 
transmit a certified copy of the foregoing resolution to Captain Foote. 

Approved July 16, 1862. 



Joint resolution tendering the thanks of Congress to Commander John L. "Worden, of the United 

States Navy. 

That, in pursuance of the recommendation of the President of the United States, and 
to enable him to advance Commander John L. Worden one grade, in pursuance of the 



302 

ninth section of the act of Congress of sixteenth July, eighteen hundred and sixty-two, 
that the thanks of Congress he, and they are hereby, tendered to Commander John L. 
Worden for highly distinguished conduct in conflict with the enemy in the remarkable 
battle between the United States iron-clad steamer Monitor, under his command, and 
the rebel iron-clad frigate Merrimac, in March, eighteen hundred and sixty-two. 
Approved February 3, 1863. 



Joint resolution tendering the thanks of Congress to Commodore Charles Henry Davis and other officers 
of the navy, in pursuance of the recommendation of the President of the United States. 

.That the thanks of Congress be, and they are hereby, given to the following officers 
of the United Sates navy, upon the recommendation of the President of the United 
States, viz: Commodore Charles Henry Davis, for distinguished services in conflict 
with the enemy at Fort Pillow, at Memphis, and for successful operations at other 
points in the waters of the Mississippi river; Captain John A. Dahlgren, for dis- 
tinguished service in the line of his profession, improvements in orduance, and zealous 
and efficient labors in the ordnance branch of the service ; Captain Stephen C. Rowan, 
for distinguished services in the waters of North Carolina, and particularly in the 
capture of Newbern, being in chief command of the naval forces; Commander David 
D. Porter, for the bravery and skill displayed in the attack on the post of Arkansas, 
which surrendered to the combined military and naval forces on the tenth of January, 
eighteen hundred and sixty-three; Rear Admiral Silas H. Stringham, now on the 
retired list, for distinguished services in the capture of Forts Hatteras and Clark; and 
that a copy of this resolution be forwarded to each of the above officers by the 
President of the United States. 

Approved February 7, 1863. 



Joint resolution tendering the thanks of Congress to Captain John Rodgers, of the United States navy 
for eminent skill and zeal in the discharge of his duties. 

That, in pursuance of the recommendation of the President of the Uuited States, and 
to enable him to advance Captain Rodgers one grade in pursuance of the ninth section 
of the act of Congress of sixteenth July, eighteen hundred and sixty-two, the thanks 
of Congress be, and they are hereby, tendered to Captain John Rodgers "for the 
eminent skill and gallantry exhibited by him in the engagement with the rebel armed 
iron-clad steamer 'Fingal,' alias 'Atlanta,' whilst in command of the United States iron- 
clad steamer ' Weehawken/ which led to her capture on June seventeenth, eighteen 
hundred and sixty-three; and also for the zeal, bravery, and general good conduct 
shown by this officer on many occasions." 

Approved December 23, 1863. 



A resolution of thanks of Congress to Commodore Cadwalader Ringgold, the officers and crew of th 

United States ship " Sahine." 

That the thanks of Congress are hereby tendered to Commodore Ringgold, the 
officers, petty officers, and men of the United States ship " Sabine," for the daring and 
skill displayed in rescuing the crew of the steam transport "Governor," wrecked in a 
gale on the first day of November, eighteen hundred and sixty-one, having on board a 
battalion of United. States marines under the command of Major John G. Reynolds, 
and in the search for, and rescue of, the United States line-of-battle ship "Vermont," 
disabled in a gale upon the twenty-sixth of February last, with her crew and freight. 

Sec. 2. That the Secretary of the Navy be directed to communicate the foregoing 
resolution to Commodore Ringgold, and through^ him to the officers and men under 
his command. 

Approved March 7, 1864. 



Joint resolution tendering the thanks of Congress to Admiral Porter. 

That the thanks of Congress be, and they are hereby, tendered to Admiral David D. 
Porter, commanding the Mississippi squadron, for the eminent skill, endurance, and 
gallantry exhibited by him and his squadron, in co-operation with the Army, in open- 
ing the Mississippi River. 

Approved April 19, 1864. 



A resolution tendering the thanks of Congress to Captain John A. "Winslow, United States navy, and 
to the officers and men under his command, on board the United States steamer Kearsarge, in her 
conflict with the piratical craft the Alabama, in compliance with the President's recommendation to 
Congress of the fifth of December, eighteen hundred and sixty-four. 

That the thanks of Congress are due, and are hereby tendered, to Captain John A. 



303 

Winslow, of the United States navy, and to the officers, petty officers, seamen and 
marines of the United States steamer Kearsarge, for the skill and gallantry exhibited 
by him and the officers and men under his command in the brilliant action on the 
nineteenth of June, eighteen hundred and sixty-four, between that ship and the pirat- 
ical craft Alabama, a vessel superior to his own in tonnage, in guns, and in the number 
of her crew. 
Approved December 20, 1864. 



A resolution tendering the thanks of Congress to Lieutenant "William B. Gushing, of the United States 
navy, and to the officers and men who assisted him in his gallant and perilous achievement in de- 
stroying the rebel steamer Albemarle, in compliance with the President's recommendation to Con 
gress of the fifth of December, eighteen hundred and sixty-four. 

That the thanks of Congress are due, and are hereby tendered, to Lieutenant William 
B. dishing, of the United States navy, and to the officers and men under his command, 
for the skill and gallantry exhibited by them in the destruction of the rebel iron-clad 
steamer Albemarle, at Plymouth, North Carolina, on the night of the twenty-seventh 
of October, eighteen hundred and sixty-four. 

Approved December 20, 1864. 



A resolution tendering the thanks of Congress to Rear- Admiral David D. Porter, and to the officers, 
petty officers, seamen, and marines under his command, for their gallantry and good conduct in the 
recent capture of Fort Fisher. 

That the thanks of Congress are hereby presented to Rear-Admiral David D. Porter, 
and to the officers, petty officers, seamen, and marines under his command, for the 
unsurpassed gallantry and skill exhibited by them in the attacks upon Fort Fisher 
and the brilliant and decisive victory by which that important work has been cap- 
tured from the rebel forces and placed in the possession and under the authority of the 
United States, and for their long and faithful services and unwavering devotion to the 
cause of the country in the midst of the greatest difficulties and dangers. 

Sec. 2. And be it further resolved, That the President of the United States be requested 
to communicate this resolution to Admiral Porter and through him to the officers, sea- 
men, and marines under his command. 

Approved January 24, 1865. 



A resolution tendering the thanks of Congress to Vice-Admiral David G. Farragut, and to the officers, 
petty officers, seamen, and marines unfer his command, for their gallantry and good conduct in the 
action in Mobile bay on the fifth August, 1864. 

Tbat the thanks of Congress are eminently due, and are hereby tendered, to Vice- 
Admiral David G. Farragut, of the United States navy, and to the officers, petty 
officers, seamen, and marines under his command, for the unsurpassed gallantry and 
skill exhibited by them in the engagement in Mobile bay on the fifth day of August, 
eighteen hundred and sixty-four, and for their long and faithful services and unwaver- 
ing devotion to the cause of the country in the midst of the greatest difficulties and 
dangers. 

Sec. 2. That the President of the United States be requested to communicate this 
resolution to Vice Admiral Farragut, and that the* Secretary of the Navy be requested 
to communicate the same to the officers, seamen, and marines of the navy by general 
order of his department. 

Approved February 10, 1866. 



Joint resolution to authorize the erection of a colossal statue of the late Admiral Farragut. 

That the Committee on Public Buildings and Grounds of the Senate and House of 
Representatives be, and they are hereby, instructed to inspect all models for a colossal 
statue of the late Admiral Farragut that may be presented to them on or before the 
first of January, eighteen hundred and seventy-three, and select therefrom, within 
thirty days thereafter, the one that in their judgment shall be the most faithful like- 
ness in form and feature, and the most appropriate to commemorate the deeds and 
character of the said admiral ; and that the Secretary of the Navy be, and he is hereby, 
directed to contract with the sculptor who shall have prepared the model so selected, 
for a colossal statue of the said admiral, at a cost not exceeding twenty thousand dol- 
lars, to be*- erected in Farragut square, in the city of Washington, District of Columbia, 
or in such other place as he may designate : Provided, That if no such model shall be 
presented on or before the time designated which the said committees shall agree upon 
as a work of art entirely worthy as a tribute of the nation to the naval hero whose 



304 

memory it is proposed to commemorate, they may reject any and all so presented, and 
report the fact to their respective houses. 

Approved, April 16, 1872. 

[Time for presenting models extended thirty days, by resolution of December 24, 
1872. The Secretary of the Navy authorized to contract with some suitable and skill- 
ful sculptor for a bronze statue, the selection of the sculptor or artist to execute the 
same to be made by the Secretary of the Navy, the General of the Army, and Mrs. Vir- 
ginia L. Farragut, or a majority of them. Resolution of June 22, 1874. — The contract 
was made with Miss Vinnie Eeam.] 



An act to authorize the Secretary of the Navy to transport in a government vessel, free of duty, a mon- 
ument designed by Admiral Porter to be erected in the grounds of the Naval Academy at Annapolis, 
in memory of the officers, seamen, and marines of the Navy who fell in defence of the Union. 

That the Secretary of the Treasury is hereby authorized and directed to admit, free 
of duty, the monument designed by Admiral Porter, and now being executed in Rome 
by Franklin Simmons, the American sculptor, to the memory of the officers, seamen, 
and marines of the navy who fell in defence of the Union. And the Secretary of the 
Navy is hereby authorized to have the said monument conveyed to the United States 
in a public vessel, and landed at Annapolis, Maryland, where it is to be erected in the 
Naval Academy grounds. 

Approved December 19, 1872. 



IXDEX TO PART II. 



Page. 

Alabama, thinks of Congress for destruction of the 302 

Albemarle, thanks of Congress for destruction of the 303 

Arkansas Post, thanks of Congress for capture of 302 

Bain bridge. Capt. Win., gold medal to 295 

prize-money to 298 

Biddle. Capt. J., and commissioned officers, medals voted to 293 

Blakeley. Capt. J., and commissioned officers, medals voted to 297 

Brooks.' Capt. John, silver medal to nearest relative of 296 

Burrows. Lieut. W., and commissioned officers, medals voted to 295 

Bush, Lieutenant, silver medal voted to nearest male relative of 295 

Caldwell, Lieut. James 11.. condolence for loss of 294 

Carmick, Maj. Daniel, sense of Congress for conduct at battle of Xew Orleans 293 

Cassin. Lieuf. S.. and commissioned officers, medals voted to 286 

Clark. Midshipman John, sword to relatives of 295 

Claston. Thomas, jr.. sword to relatives of 296 

Cashing, Lieut. William B.. thanks of Congress to 303 

Dahlgren. Capt. John A., thanks of Congress to 302 

Davis. Commodore Charles H.. thanks of Congress to .' 302 

Decatur. Capt. Stephen, sword voted to 293 

gold medal to 294 

prize-money awarded to 299 

Decatur, Lieut. James, condolence for loss of 294 

Dorse v. Midshipman John Sword, condolence for loss of 294 

DuPont, Capt. Samuel F., thanks of Congress to 301 

Duncan, Lieut. Silas, sense of Congress for gallant conduct of 300 

Elliott, Capt. J. D., and commissioned officers, medals voted to 296 

prize-money to 296 

sword voted to 295 

Enterprise, one month's pay to officers and crew of the 295 

Farragut, Capt. D. G., thanks of Congress to 301-303 

statue to Rear-Admiral 303 

Fort Clark, thanks of Congress for victorv at. 302 

Fort Fisher, thanks of Congress for capture of 303 

Fort Hatteras, thanks of Congress for victory at 302 

Forts Henry and Donelson, thanks of Congress for victory at. : 301 

Forts Jackson and Saint Philip, thanks of Congress for capture of 301 

Fort Pillow, thanks of Congress for capture of 302 

Foore. Capt. A. H., thanks of Congress to 301 

Funk. Lieutenant, silver medal voted to nearest male relative of 295 

Gamble. Lieut. Peter, silver medal voted to 296 

Goldsborough, Capt. L. M.. thanks of Congress to 301 

Governor, thanks to officers and crew of Sabine for rescuing persons on hoard the transport 302 

Gregorv. Lieut. F. H.. rewarded for capture of British gunboat Black Snake 299 

Henly. 'Capt. Robt., gold medal to 296 

Hull, Capt. I., and commissioned officers, medals voted to 294 

prize-money for 295 

Ingraham, Commander D." X., medal to 300 

Intrepid, two months' pay to officers and crew of the 293 

Island No. 10, thanks of Congress for services of Navy at 301 

Israel, Lieut. Joseph, condolence for loss of 294 

Jarvis. Midshipman James, regret for the loss of 293 

Jones, Capt. J., and commissioned officers, medals voted to 294 

prize-money to 295 

K>aT -;arge. thanks of Congress to officers and crew of the 303 

Laub. Midshipman Henry, sword voted to the nearest male relative of 296 

Lawrence. Capt. J., and commissioned officers, medals voted to 297 

prize-money to 295 

Macdonongh, Capt. T.. and commissioned officers, medals and thanks to 296 

McCall. Lieutenant, and commissioned officers, medals voted to 295 

Medals, voted to Capt. T. Truxtui: 293 

Commodore E. Preble 293 

Capt. I. Hull, and commissioned officers 294 

Capt. S. Decatur, and commissioned officers 293 

Cap;. J. Jones and commissioned officers 294 

Capt. W. Bainbridge, and commissioned officers 295 

CaptS. O. H. Perry and J. D. Elliott, and commissioned officers 296 

Lieuts. W. Burrows and E. R. McCall. and commissioned officers 295 

Capt. J. Lawrence, and commissioned officers 297 

Capta. T. Macdonongh and R. Henley, Lieut. S. Cassin, and commissioned offi- 
cers 296 

Capt L. Warrington, and commissioned officers 297 

Capt J. Blakeley, and commissioned officers 297 

Capt. C. Stewart, and commissioned officers 298 

Capt. J. Bidd e, and c< m missioned officers 298 

Memphis, thanks of Congress for victory at 302 

20 N L 



306 

Page. 

Monitor, thanks of Congress to officers and crew of 301-302 

Monument to memory ot those who fell at Tripoli 294 

to those who fell in defense of the Union 304 

Newbern, thanks of Congress for victory at 301 

New Orleans, thanks of Congress for victory at ; 298 

Nissen, N. C, recognition of services of 294 

Patterson, Commodore D. T., sense of Congress for conduct at hattle of New Orleans 296 

Perry, Capt. O. H., medal voted to 297 

prize-money, additional to 296 

thanks of Congress to 299 

an act for the relief of the family of 293 

Preble, Commodore E.. medal voted to '. 293 

prize-money to 299 

thanks of Congress to, and men 293 

Porter, Commander D. D., thanks of Congress to , 302 

Hear- Admiral D. D., thanks of Congress to 303 

Port Royal, thanks of Congress for victory at 301 

Ringgold, Commodore Cadwalader, thanks of Congress to 302 

Roanoke Island, thanks of Congress for victory at 301 

Rodgers, Capt. John, thanks of Congress to r 302 

Rowan, Capt. S. C, thanks of Congress to 302 

Sahine, thanks to officers and crew of the 302 

Somers, Capt. Richard, condolence for loss of 294 

Stansbury, Lieut. Johu, silver medal voted to 296 

Stewart, Capt. C. , and commissioned officers, medals voted to 298 

prize-money to ; 298-299 

appointed senior flag-officer 300 

Sterett, Lieutenant, praise and condolence to, and others 293 

Stringham, Rear- Admiral S. H., thanks of Congress to 302 

Swords voted by Congress to: 

Lieut. Andrew Sterett, of schooner Enterprize, for capture of Tripolitan corsair 293 

Capt. Stephen Decatur, for destroying Tripolitan frigate 293 

officers of Mediterranean squadron who distinguished themselves at Tripoli • 294 

Lieut. J". D. Elliott, for capture of British brigs Detroit and Caledonia 295 

nearest male relative of Midshipman John Clark 295 

Laub and Claxton 296 

Lieutenant«Tohn Brooks 296 

midshipmen and sailing-masters of squadron on Lake Erie 296 

Champlain 296 

sloop Peacock 297 

sloop Wasp 297 

Syren, prize money for capture of Transfer by the 299 

Thanks, voted by Congress, to : 

Commodore E. Preble, officers and crews, for attacks on Tripoli 293 

Commodore O. H. Perry, officers and crews, for victory on Lake Erie 296 

Commodore T. Macdonough, officers and crews, for victory on Lake Champlain 296 

Capt. Samuel F. DuPont. and others, for victory at Port Royal 301 

the Army and Navy, for series of brilliant victories 300 

Capt. A. H. Eoote, and others, for gallantry at Fort Henry, &c 301 

Capt. Louis M. Goldsborough and others, for victory at Roanoke Island 301 

Lieut. J. L. Worden and others, for gallantry in the action with the Merrimack 301. 

Capt. David G. Farragut and others, for capture of New Orleans, &c 301 

Commander John L. Worden, to enable President to advance him 302 

Commodore Charles H. Davis, for operations on the Mississippi 302 

Capt. John A. Dahlgren, for distinguished service in his profession 302 

Capt. S. C. Rowan, for distinguished service at Newborn, &c 3i)2 

Commander D. D. Porter, for bravery in attack on Arkansas Post 302 

Rear- Admiral S. H. Stringham, for capture of Fort Hatteras, &c 302 

Capt. John Rodgers, for capture of the A tlanta 302 

Commodore Ringgold and others, for skill in rescuing crew of the Governor 302 

Capt. John A. Winslow and others, for destruction of the Alabama 303 

Lieut. William B. Cushing and others, for destroying the Albemarle 303 

Rear -Admiral D. D. Porter and others, for capture of Fort Fisher 303 

Vice-Admiral D. G. Farragut and others, for gallantry at Mobile 303 

Tripoli, monument in memory of those who fell at 294 

Truxtun, Capt. T., medal voted to 293 

Vera Cruz, thanks of Congress to Navy and Marine Corps, for capture of 3"0 

Victories, thanks for series of 300 

Wadsworth, Lieut. Henry, condolence for loss of 294 

Warrington, Capt. Lewis, gold medal to 297 

Weehawken, thanks to officers and men of, for capture of the Atlanta 302 

Winslow, Capt. John A., thanks of Congress to 302 

Worden, Lieut. John L., thanks of Congress to 301 

Commander John L., thanks of Congress to, to enable President to advance him 3 )1 



PART III 



ACKNOWLEDGMENT BY CONGEESS OF PROMINENT SERV- 
ICES. AND AUTHORITY TO OFFICERS TO ACCEPT 
MEDALS. S^YORDS, ETC., FROM FOREIGN GOVERNMENTS. 



Joint resolution tendering the thanks of Congress to the British authorities at Gibraltar, and the com- 
mander, officers, and crew of her Brittannic Majesty's ship Malabar. 

That the President of the United States be requested to conimuuicate to the British 
Government, in such manner as he may deem proper, the high sense entertained by 
Congress of the generous zeal displayed "by the British authorities at Gibraltar, and the 
commander, officers and crew of her Britannic Majesty's ship Malabar, in endeavoring 
to save from destruction the American steam frigate Missouri, and in preserving the 
lives of her officers and crew, as well as of the kindness and hospitality which charac- 
terized their treatment of the ship's company of that vessel, after her unfortunate 
destruction by fire. 

Approved June 17, 1844. 



A joint resolution relative to the preparation and presentation of medals to certain French, British and 

Spanish officers. ' 

That the President of the United States is hereby authorized and requested to cause 
suitable gold and silver medals to be prepared and presented to the officers and men 
belonging or attached to the French, British and Spauish ships of war in the harbor of 
Vera Cruz, who so gallantly and at the imminent peril of their lives aided in rescuing 
from a watery grave many of the officers and crew of the United States brig Somers. 

Approved March 3, 1~47. 



A resolution for the benefit of the -svidow of Commander TTilliam Le\ris Herndon, United States Xavy. 

That Congress entertain a high sense of the devotion to duty, the coolness, courage, 
and conduct of Commander William Lewis Herndon, United. States Navy, in com- 
mand of the steamer Central America, at sea during the prevalence of a hurricane on 
the twelfth of September, eighteen hundred and fifty-seven ; and that the widow of 
the said William Lewis Herndon be entitled to receive, out of any money in the 
Treasury not otherwise appropriated, a sum equal to three years' full sea-service pay 
of a commander in the Navy. 

Approved June 3, 1858. 



: ;tion giving the consent of Congress to the acceptance by Lieutenant M. F. Maury, of the Navy, 
of a gold medal from His Majesty the King of Sweden. 

That Lieutenant M. F. Maury, of the United States Navy, be, and he is hereby au- 
thorized to accept a gold medal recently presented to him by His Majesty the King of 
Sweden. 

Approved June 29, 1854. 



'.:ition authorizing the purchase and restoration to the British government of the ship Resolute, 
late of the British navy. 

Wherens it lias become known to Congress that the ship " Resolute," late of the 
navy of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, 
on service in the Arctic seas, in search of Sir John Franklin and the survivors of the 
expedition under his command, was rescued and recovered in those seas by tin; officers 
and crew of the American whaleship, the ''George Henry/' after the " Resolute" had 



308 

been necessarily abandoned in the ice by her officers and crew, and after drifting still 
in the ice for more than one thousand miles from the place where so abandoned — and 
that the said ship " Resolute " having been brought to the United States by the salvors 
at great risk and peril, had been generously relinquished to them by Her Majesty's 
government : Now, in token of the deep interest felt in the United States for the serv- 
ice in which Her Majesty's said ship was engaged when thus necessarily abandoned, 
and of the sense entertained by Congress of the act of Her Majesty's government in 
surrendering said ship to the salvors: — 

That the President of the United States ba and he is hereby requested to cause the 
said ship "Resolute," with all her armament, equipment, and the property on board 
when she arrived in the United States, and which has been preserved in good condi- 
tion, to be purchased of her present owners, and that he send the said ship with every- 
thing pertaining to her as aforesaid, after being fully repaired and equipped at one of 
the navy-yards of the United States, back to England under control of the Secretary of 
the Navy, with a request to Her Majesty's government that the United States may be 
allowed to restore the said ship a Resolute" to Her Majesty's service — and for the pur- 
chase of said ship and her appurtenances, as aforesaid, the sum of forty thousand dol- 
lars, or so much thereof as may be required, is hereby appropriated, to be paid out of 
any money in the treasury not otherwise appropriated. 

Approved August 28, 1856. 



A resolution allowing Doctor E. K. Kane, and the officers associated with him in their late expedition 
to the Arctic seas, in search of Sir John Franklin, to accept such token of acknowledgment from the 
government of Great Britain as it may please to present. 

Whereas, the President of the United States has communicated to Congress a re- 
quest from the Government of Great Britain that permission should be given by this 
Government allowing Doctor Elisha K. Kane, a Passed-Assistant-Surgeon in the Navy 
of the United States, and the officers who were with him in his late expedition to the 
Arctic seas in search of Sir John Franklin, to accept from the Government of Great 
Britain some " token of thankfulness," and as a memorial of the sense entertained by 
that Government of " their arduous and generous services" in that behalf — 

That Congress hereby consents that Dr. Elisha K. Kane, of the Navy of the United 
States, and such of the officers who were with him in the expedition aforesaid, as may 
yet remain in the service of the United States, may accept from the Government of 
Great Britain, such token of the character aforesaid as it may be the pleasure of that 
government to present to them. 

Approved August 30, 1856. 



A resolution authorizing the acceptance of certain medals from foreign Governments. 

That Surgeon Thomas Williamson and Passed-Assistant Surgeon James F. Harrison 
of the United States Navy, be and they are hereby authorized to accept the gold 
medals recently awarded to them by the Emperor of France. 

Sec. 2. That Lieutenant M. F. Maury, of the United States Navy, be and he is hereby 
authorized to accept the gold medals recently presented to him by the governments of 
Prussia and Holland, and the Republic of Bremen. 

Approved August 30, 1856. 



A resolution allowing Commander Henry J. Hartstene, of the United States TSTavy, Lieutenant S. D. 
Trenchard, Master Morrison, and the petty officers and crew of the steamer Vixen, to accept certain 
tokens of acknowledgment from the government of Great Britain. 

That Congress consents that Commander Henry J. Hartstene, of the United States 
navy, may accept from the government of Great Britain a sword, which has been for- 
warded to the Navy Department by the said government, for presentation to said Com- 
mander Hartstene, with 1he expression of a hope that he may be permitted to receive 
it as a memorial of the gratification which her majesty the Queen of Great Britain has 
received from the return of the "barque Resolute" of which said Hartstene was 
commander. 

Sec. 2. That Congress hereby also consents that Lieutenant S. D. Trenchard, and 
Master G. F. Morrison, of the United States steamer Vixen, may each accept from the 
government of Great Britain a sword,. which has been forwarded to the Navy Depart- 
ment by said government, for presentation to the said Trenchard and Morrison, as an 
acknowledgment by said government of Great Britain of the generous and effective 
services rendered by said Trenchard and Morrison, in rescuing the lives and property 
of certain of her Majesty's subjects from destruction; and also, that the consent of 
Congress is hereby given for the acceptance by the petty officers and crew of tho 



309 

steamer Vixen, of a sum of money, contributed by the Glasgow underwriters on the 
British barque Adieu, as a mark of their gratitude for the services rendered by said 
officers and crew in rescuing the said barque from destruction. 
Approved March 3, 1857. 



Joint resolution for the presentation of medals to Dr. Kane, bis officers and men. 

That the Secretary of the Navy shall cause to be struck and presented to Dr. Kane, 
his officers and mem respectively, such appropriate medals as in the judgment of the 
said Secretary shall express the high estimation in which Congress hold their respect- 
ive merits and service. 

Approved March 3, 1857. 



A resolution to authorize certain officers and men, engaged in the search for Sir John Franklin, to re- 
ceive certain medals presented to them by the government of Great Britain. 

That the officers and men engaged in the several expeditions which have been fitted 
out in the United States for the recovery of Sir John Franklin and his companions, be 
authorized to accept the medals recently transmitted to this government, for presenta- 
tion to them, by the government of Great Britain. 

Approved March 16, 1858. 



A resolution authorizing Lieutenant "William "N". Jeffers to accept a sword of honor from her Majesty 

the Queen of Spain. 

That the assent of Congress be, and the same is hereby, given, to allow Lieutenant 
William X. Jeffers, of the navy of the United States, to accept a sword of honor pre- 
sented to him, through the Department of State, by her Majesty the Queen of Spain, 
''as an acknowledgment of the very efficient assistance which he gave, with the vessel 
under his command, to the Spanish schooner Catagenera, in the waters of the Parana," 
on the twenty-sixth, twenty -seventh, and twenty-eighth of October, eighteen hundred 
and fifty-five. 

Approved April?, 1858. 






A resolution authorizing suitable acknowledgments to be made by the President to the British naval 
authorities at Jamaica, for the relief extended to the officers and crew of the United States ship 
" Susquehannah " disabled by yellow fever. 

That the President be, and he is hereby, authorized and requested to cause suitable 
acknowledgments to be made on the part of this Government to Admiral Sir Howstou 
Stewart, of her Britannic Majesty's Navy, and the officers under his command, for 
their prompt and efficient aid, and generous hospitality, extended to the disabled offi- 
cers and crew of the United States ship " Susquehannah," on her late arrival at Port 
Royal, in the Island of Jamaica, with the yellow fever on board; on which occasion, 
besides placing the navy hospital, with an adequate corps of medical officers, nurses, 
and attendants, at their service, eighty-five of the sick officers and crew of the " Sus- 
quehannah " were safely and promptly conveyed on shore with the aid of the boats of 
the British squadron, and the lives of the greater portion of them thereby probably 
saved. And that the President be further requested to caiue a gold medal, with appro- 
priate devices, to be presented, on behalf of this Government, to Assistant-Surgeon 
Frederick A. Rose, of the British navy, who volunteered, with the permission of his 
commanding officer, to join the "Susquehannah," and, at imminent personal risk, 
devoted himself, on the voyage from Jamaica to New York, to the care of the sick re- 
maining on board. And that the President cause suitable testimonials to be in like 
manner presented to the medical officers, in the British service, in attendance at the 
hospital, with appropriate rewards to the nurses and other attendants there, whilst 
occupied by the officers and crew of the " Susquehanna." 

Approved May 11, 1858. 



Joint resolution authorizing Commander M. F. Maury to accept a gold medal awarded to him by the 

Emperor of Austria. 

That Commander M. F. Mpury, of tie United States navy, be, and he is hereby, author- 
ized to accept the great gold medal of the arts and sciences lecently presented to him 
by his Majesty the Emperor of Austria. 

Approved June 5, 18S 3. 



310 

A resolution authorizing certain officers of the Navy to accept presents offered them by the Japanese 

government. 

That Captain W. W. McKean, comnmnder of the United States steam frigate Niagara, 
and such of the officers of that vessel during her late voyage to Japan, and other officers 
of the navy as may yet remain in the service of the United States, be authorized to 
accept the presents recently transmitted to this Government for presentation to them 
by the government of Japan. 

Approved July 25, 1862. 



Joint resolution giving the consent of Congress to the acceptance by Captain M. F. Maiu-y and Pro- 
fessor A. D. Bache, of gold medals from the Sardinian government. 

That Captain M. F. Maury and Professor A. D. Bache,* be, and they are hereby, au- 
thorized to accept, respectively, a. gold medal tendered to each of them by the Sardin- 
ian government, as a mark of its appreciation of their scientific labors and achieve- 
ments. 

Approved February 14, 1859. 



A resolution giving the consent of Congress to Captain "Wm. B. Shubrick to accept a sword presented 
to him by Captain General and President Urquiza, of the Argentine Confederation. 

That the consent of Congress be granted to Captain Wm. Branford Shubrick, flag-offi- 
cer, late commanding-in-chief the squadron on the coast of Brazil, and the Paraguayian 
expedition, to accept a sword presented to him by his Excellency Justo Josede Urquiza, 
Captain General and President of the Argentiue Confederation, as a mark of his appre- 
ciation of the " distinguished character" of that officer — said sword having been worn 
by the President on the occasion of signing the new act of confederation of the Argen- 
tine States. 
' Approved February 24, 1860. 



A resolution authorizing Captains William L. Hudson and Joshua B. Sands to accept certain testi- 
monials awarded to them by the Government of Great Britain. 

That Captains William L. Hudson and Joshua R. Sands, of the navy of the United 
States, be, and they are hereby, authorized to accept the snuff-box and medal recently- 
transmitted to this Government by the government of Great Britain, to be presented 
to each of said officers, as memorials of their services in laying down the telegraphic 
cable. 

Approved May 9, i860. 



A resolution authorizing Lieutenant T. A. M. Craven, United States Navy, to receive certain marks of 
distinction tendered him by the Spanish government. 

That Lieutenant T. A. M. Craven, of the Navy of the United States, be, and he is 
hereby, authorized to accept from the Spanish Government a medal and diploma ten- 
dered him in acknowledgment of the service rendered by him to the seamen of the 
Spanish vessel "Bella," wrecked on Cayo Gunichos in June last. 

Approved February 13, 1861. 



Joint resolution authorizing Commodore H.Paulding to receive a sword awarded to him by the Re 

public of Nicaragua. 

That Commodore H. Paulding, of the United States Navy, be, and he ishereby, author- 
ized to accept the sword presented to him by the republic of Nicaragua. 
Approved March 2, 1861. 



A resolution authorizing Captain "Wm. L. Hudson of the United States Navy to accept a diamond 
brooch for his wife presented by the Emperor of Bussia. 

That Captain Wm. L. Hudson of the United States Navy be, and he is hereby, 
authorized to accept for his wife a diamond brooch, presented to her by the Emperor 
of Russia as a mark of the appreciation by that government of the courtesy extended 
to the officers of the Russian service on board the United States ship Niagara during 
the laying of the Atlantic Cable. 

Approved March 2, 1861. 

*A resolution of August 30, 1856, authorized Prof. A. D. Bache to accept a gold medal from the King, 
of Sweden. 



311 

A resolution authorizing the acceptance of a eeitain testimonial ftom the Government of Great Britain, 

That Surgeon Solomon Sharp, of the Navy of the United States, be, and he is hereby, 
authorized to accept the piece of plate recently presented to him by the government 
of Great Britain, as a mark of high appreciation of the unremitting attention and 
kindness shown by him to certain officers of the British ship Greyhound, while in the 
naval hospital under his charge at Norfolk, Va. 

Approved June 7, 1664. 



A resolution authorizing: the acceptance of a sword of honor from the government of Great Britain by 
Captain Henry S. Stelhvagen, of the United States Xavy. 

That Captain Henry S. Stellwagen, of the navy of the United States, be, and he 
hereby is. authorized to accept the sword of honor recently presented to him by the 
government of Great Britain, as a mark of their gratitude for the assistance rendered 
by him, while in command of the frigate Constellation, to the British brigantine 
Mersey, when in a disabled condition. 

Approved March 3, 1865. 



A resolution authorizing Commodore WilUam Radford to accept a decoration from the King of Italy. 

That the assent of Congress be. and the same is hereby, given to Commodore Will- 
iam Radford, of the navy of the United States, to accept the decoration of the Eques- 
trian Order of Saint Maurice bestowed upon him by the King of Italy, as a reward for the 
assistance rendered by him to the Italian frigate Ee d'ltalia when she got ashore near 
Long Branch. 

Approved April 13, 1666. 



A resolution authorizing Bear-Aelmiral H. Paulding to accept a decoration from the King of Italy. 

That "Rear-Admiral H. Paulding, of the Navy of the United States, may accept a 
decoration of the Equestrian Order of Saint Maurice which has been tendered to him by 
the King of Italy, as a reward for assistance rendered to the Italian frigate Re d'ltalia 
when she got ashore near Long Branch. 

Appro vtd April 13, 1666. 



A resolution authorizing Gustavus Y. Fox. late Assistant Secretary of the Navy, and the officers of the 
iron-clad Miantonomoh and gunhoat Augusta, to accept presents tendered them hy the Emperor of 
Busaia. 

That Gustavus V. Fox, late Assistant Secretary of the Navy, and the officers of the 
iron -clad Miantonomoh and gunboat Augusta, may accept any books or other presents 
which have been tendered to them by the Emperor of Russia on the occasion of their 
late visit to Russia. And that the presents hereby authorized to be received may be 
admitted into the ports of the United States free of duty. 

Approved March 2, 1667. 



A resolution authorizing Bcar-Aelmiral H. K. Thatcher to accept a decoration from the King of the 

Hawaiian Islands. 

That Rear-Admiral H. K. Thatcher, of the navy of the United States, may accept a 
decoration of the order of Kamahamaha First, which has be[e]n tendered him by the 
King of the Hawaiian Islands, as an evidence of his appreciation of that officer. 

Approved January 1!, 1666. 



A reeolntion aulhoxi'zing C< n mi n-'c-i Charles H. Baldwin, United States Navy, to accepl a gold meda 
from the King of the Netherlands. 

That Commander Charles H. Baldwin, of the United States navy, be, and he is hereby, 
authorized to accept a gold medal from the King of the Netherlands, tendered him in 
appreciation of services rendered to a merchant vessel of that nation in distn 98. 

Approved February 7, 1870. 



312 

Resolution authorizing Lieutenant Commander W. A. Kirkland, United States navy, to accept a gold 
medal from the Emperor of France. 

That Lieutenant Commander W. A. Kirkland, of the United States navy, be, and he 
is hereby, authorized to accept a gold medal from the Emperor of France, tendered him 
in appreciation of services rendered to the inhabitants of Point[e] a Pitre when that 
place was visited by a hurricane. 

Approved February 7, 1870. 



A resolution authorizing Lieutenant Commander Arthur A. Yates, Surgeon Albert L. Gibson, Passed 
Assistant Surgeon Charles H. White, and Assistant Surgeon Jerome H. Kidder, of the United States 
navy, to accept decorations from the King of Portugal in recognition of humane services. 

That Lieutenant Commander Arthur A. Yates, Surgeon Albert L. Gibson. [Grihon,] 
Passed Assistant Surgeon Charges H. White, and Assistant Surgeon Jerome H. Kidder, 
of the United States navy, be, and they are hereby, authorized to accept the decora- 
tions tendered them by the King of Portugal, in recognition of hnmaue services ren- 
dered by them to an officer of the Portuguese navy. 

Approved May 26, 1870. 



An act permitting Lieutenant Theodore B.M.Mason, of the Navy, to accept a decoration from the 

Emperor of Brazil. 

That Lieutenant Theodore B. M. Mason, of the Navy of the United States, may accept 
a decoration of the Order of the Rose, tendered to him by the Emperor of Brazil as a 
testimonial of the courage and humanity displayed by the said Lieutenant Mason in 
saving the lives of two of his shipmates in the harbor of Rio de Janerio iu February, 
eighteen hundred and sixty-nine. 

Approved March 3, 1873. 



An act giving the consent of Congress to the acceptance by James McDonnell, a warrant officer in the 
United States Navy, of a present from the King of Italy. 

That the consent of Congress be, and hereby is, granted to James McDonnell, a war- 
rant officer in the Navy of the United States, to accept from the King of Italy, a silver 
medal, for assistance rendered on the twenty-fifth of June, eighteen hundred and sev- 
enty-three, in the port of Callao, Peru, to the Italian merchant vessel " Delaide." 

Approved February 21, 1874. 



An act giving the assent of Congress to the acceptance by the officers of the United States ship Mo- 
nocacy of silver medals presented to them by the King of Siam. 

That the consent of Congress be, and the same is hereby, given to the acceptance by 
the officers of the United States ship Monocacy of the silver medals presented to them 
by the King of Siam on occasion of the recent interchange of civilities between his 
majesty and the officers of said ship representing the United States. 

Approved June 17, 1874. 



[From Naval appropriation act.] 

Provided, That the Secretary of the Navy be, and he is hereby, authorized and di- 
rected to make, out of any money at his disposal available for that purpose, sufficient 
and appropriate compensation and acknowledgment to the owners, officers, and sailors 
of the British whaling and sealing steamers which contributed to the rescue of the 
survivors of the Polaris, for such rescue, and any loss sustained by reason thereof, and 
for their humane and hospitable reception, entertainment, and transportation until 
they were all finally and safely landed in Newfoundland and Scotland. 

Approved June 23, 1874. 



Joint resolution authorizing Thomas TV. Fitch, engineer of the United States Navy, to accept of a wed- 
ding present sent to his wife, Mrs. Minnie Sherman Fitch. 

That Thomas W. Fitch, engineer of the United States Navy, be, and is hereby, au- 
thorized to accept of a wedding present of jewelry sent to his wife, Mrs. Minnie Sher- 
man Fitch, by the Khedive of Egypt as a token of his respect. 

Approved February 18, 1875. 






313 

Joint resolution authorizing the acceptance by Captain C. If. Wells, of the United States Navy, of the 
cross of the Legion of Honor, conferred upon him by the President of the French Republic. 

That Captain C. H. Wells, of the United States Navy, be, and lie is hereby, authorized 
to accept the cross of au officer of the national order of the Legion of Honor, conferred 
upon him by the President of the French Republic as evidence of his appreciation of 
that officer. 

Approved March 3, 1375. 



An act permitting Lieutenant Commander Frederick Pearson of the Navy to accept a decoration from 

the Queen of Great Britain. 

That Lieutenant Commander Frederick Pearson, of the Navy of the United States 
may accept a decoration of Companion of the Military Division of the Order of the Bath 
tendered to him by the Queen of Great Britain as a testimonial of the appreciation of 
Her Majesty's government of the courage aud conduct displayed by said Lieutenant 
Pearson in the attack upon the Japanese forts by the combined fleets of Great Britain, 
France, the Netherlands and the United States in September, eighteen hundred and 
sixty-four because of which said Pearson received the thanks of the British Admiral, 
the senior officer commanding. 

Approved March 3, 1^75. 



INDEX TO PART III. 



Arctic expedition in search of Sir John Franklin, authorized to accept medals 309 

Augusta, officers of. authorized to accept presents from Emperor of .Russia 311 

Bache, Prof. A. D., gold medal to, from Sardinian government 310 

Baldwin. Commander C. H., gold medal from the Kins of the Netherlands 311 

Craven, Lieut. T. A. M.. marks of distinction from Spanish government 310 

Fox, G. V., presents from Emperor of Russia 311 

Fitch, Engineer T. W., wedding presents from Khedive of Egypt 312 

Gihon. Sursr. A. L., decoration from King of Portugal; 312 

Harrison, Surg. James F.. gold medal from Emperor of France 308 

Hartstene, Commander H. J., tokens from Great Britain 308 

Herndon. Commander Wm. L.. recognition of services of 307 

Hudson, Capt. TV. L., present from Great Britaiu 310 

diamond brooch from Emperor of Russia 310 

Jeffers. Lieut. William X.. sword from Queen of Spain 309 

Kane, Dr. E. K.. and others, tokens from Great Britain 308 

medals to 309 

Kirkland. Lieut. Commander TV. A., gold medal from Emperor of France 311 

Kidder. Surg. J. H.. decoration from King of Portugal 312 

Missouri, recognition of assistance to the officers of the 307 

Mau-y. Lieut. M. F.. medal from King of Sweden 307 

gold medal from Emperor of Austraia. 309 

gold medal from Prussia, Holland, and Bremen 308 

gold medal from Sardinian government 310 

Morrison. Master George F., token from Great Britain 308 

McKean, Capt. TV TV., and others, presents from Japanese government 309 

Miantonomoh. presents from Emperor of Russia to the officers of the 311 

Mason, Lieut. T. B. M., decoration from Emperor of Brazil 312 

McDonell, Gunner James, silver medal from King of Italy 312 

Monocacy . presents from King of Siam to the officers of the 312 

Paulding, Commodore H., sword from Republic of Nicaragua 310 

decoration from King of Italy 311 

Pearson, Lieut. Commander Frederick, decoration from' Queen of Great Britain 313 

Polaris, acknowledgments to rescuers of the crew of the 312 

Resolute, restoration of to tne British government 307 

Rose, Asst. Surg. F. A., of British navy, gold medal voted to 309 

Radford, Commodore "William, decoration from the King of Italy 311 

Snmers, medals to foreign officers, <fec, for rescuing the crew of the *. 307 

Susquehanna, acknowledgments for aid to officers and crew of 309 

Shubrick. Capt. W. B., sword from President Krquiza 310 

Sands. Capt. J. R.. presents from Great Britain 310 

Stellwagen, Capt. H. S.. sword from Great Britain 311 

Sharp. Surg. Solomon, plate from Great Britain 310 

Trenchard. Lieut. S. I)., token from Great Britain 308 

Thatcher, Rear Admiral H. K , decoration from King of the Hawaiian Islands 311 

Williamson, Surg. Thomas, gold medal from Emperor of Fiance 308 

TVhite. Passed Asst. Surg. C. A., decoration from King of Portugal 312 

TVells. Capt. C. H. decoration from the President of the French Republic 312 

Yates. Lieut. Commander A. R.. decoration from King of Portugal 312 



PART IV 



GENERAL EELIEP ACTS, ETC. 



An act for the relief of the widows and orphans of certain persons who have died in the naval service 

of the United States. 

That the widows, if auy such, there be, and in case there be no widow, the child or 
children of the officers, seamen, and marines, who were in the service of the United 
States, and lost in the ship Insurgent and brigantine Pickering, shall be entitled to, 
and receive out of any money in the treasury not otherwise appropriated, a sum equal 
to four mouths' pay of their respective husbands or fathers, as aforesaid. 

Approved April 29, 1802. 



An act respecting the late officers and crew of the sloop of Avar Wasp. 

"Whereas, there is reason to apprehend that the sloop of war Wasp, an armed ship or 
the United States, and lately commanded by Captain Johnston Blakely, is lost: 

Sec. 1. That there be allowed and paid to the representatives of Captain Johnston 
Blakely, and of each of the officers and crew aforesaid, as is hereinafter directed, 
twelve months' wages; and that there be paid to the aforesaid representatives, and to 
the survivors of said officers and crew, if such there be, the sum of fifty thousand dol- 
lars, to be distributed as prize-money for the capture and destruction, by said sloop of 
war, of the British armed vessels Reindeer and Avon. 

Sec. 2. That the distribution of said wages and compensation shall be as follows, 
viz: one-third to the widow, and two-third parts to the children of the deceased; and 
in case there be no child, the whole to the widow ; and if there be no widow, then to 
the child or children ; aud if there be neither widow nor child, then to the parent or 
parents; and if there be no parent, then to the brothers and sisters; and if there be 
neither brother nor sister, then such share or shares not claimed as aforesaid, shall be 
and remain part of the navy pension fund ; and the sums aforesaid shall be paid out of 
any moneys in the treasury not otherwise appropriated: provided, That in all cases in 
which there shall be only one child, the widow shall have an equal share with the child. 

Approved April 20, 1810. 



An act for the relief of the widows and orphans of the officers, seamen, and marines, who were lost in 
the United States' hrig Epervier. 

That the widows, if any such there be, and in case there be no widow, the child or 
children, if there be no child, then to the parents or parent, and if there be no parent, 
then to the brothers and sisters, of the officers, seamen, and marines, who were in the 
service of the United States, and lost in the brig Epervier, shall be entitled to, and 
receive, out of any money in the treasury not otherwise appropriated, a sum equal to 
six months' pay, of their respective deceased relatives aforesaid, in addition to the pay 
due to the said deceased on the fourteenth day of July, one thousand eight hundred 
and fifteen, to which day the arrears of pay due the deceased shall be allowed and paid 
by the accounting officers of the navy department. 

Approved March 3, 1817. 



An act for the relief of the wi lows aid orphans of the officers, seamen, and marines, of the sloop of war 

Hornet. 

That the widows, if any such there be, and in case there be no widow, the child or 
children ; and if there be no child, then the parent or parents ; and if there be no 
parent, then the brothers and sisters of the officers, seamen, and marines, who were in 
the service of the United States, and lost in the United States' sloop of war Hornet, 



318 

shall be entitled to, and receive, out of auy money in the treasury not otherwise 
appropriated, a sum equal to six months' pay of their respective deceased relatives, 
aforesaid, in addition to the pay due to the said deceased, on the tenth day of Septem- 
ber last, up to which day the arrears of pay due the deceased shall be allowed and 
paid by the accounting-officers of the navy department. 
Approved April 24, 1830. 



An act for the relief of the widows and orphans of the officers and seamen who were lost in the United 

States schooner the Sylph. 

That the widows, if any such there be, and in case there be no widow, the child or 
children; and if there be no child, then the parents or parent; and if there be no 
parent, then the brothers and sisters of the officers and seamen who were in the service 
of the United States, and lost in the schooner Sylph, shall be entitled to, and receive, 
out of auy money in the treasury not otherwise appropriated, a sum equal to six 
months' pay of their respective deceased relatives aforesaid, in addition to the pay due 
to the said deceased on the fifteenth day of August, one thousand eight hundred and 
thirty-one, to which day the arrears of pay due the deceased shall be allowed and paid 
by the accounting-officers of the navy department. 
. Approved March 2, 1833. 



An act for the relief of the widows and orphans of the officers, seamen and marines of the United 
States schooner Grampus, and for other purposes. 

Sec. 1. That for the purpose of fixing the time at which shall commence the 
pensions, under the existiug laws, of the widows of the officers, seamen, and marines, 
who were lost in the United States schooner Grampus, as well as the time to which 
the pay of said officers, seamen, and marines, shall be allowed, the twentieth day of 
March, one thousand eight hundred and forty-three, shall be deemed and taken to be 
the day on which the said schooner Grampus foundered at sea ; and that, for the like 
purposes, the first day of May, one thousand eight hundred aud thirty-nine, shall be 
deemed and taken to be the day on which the United States schooner Sea Gull was 
lost in like manner. 

Sec. 2. That if any of the said officers, seamen, or marines, shall have left no widow, 
or having left a widow she shall have died before the passage of this act, aud there 
shall be living at the date of the passage of this act, a child or children of said officers, 
seamen, or marines, under sixteen years of age, such child or children shall be entitled 
to the same pension to which the widow, had there been one as aforesaid, would have 
been entitled, for the like period of five years; but in case of the death or intermar- 
riage of the widow before the expiration of the said term of five years, the said pen- 
sion, for the remainder of the said term, shall go to the child or children of the said 
deceased officer, seaman, or marine: Provided, That; such pension shall cease upon the 
death of such child or children. * * * 

Approved June 15, 1844. 



An act for the relief of the widows and orphans of the officers, seamen, and marines of the brig of 

war Somers. 

Whereas, the United States brig of war Somers was foundered at sea, in the offing 
of the harbor of Vera Cruz, while engaged, under very hazardous circumstances, in 
the prosecution of hostilities against an enemy of this republic : Therefore, 

That the widows, if auy such there be, and in case there be no widow, the child or 
children, and if there be no child, then the parent or parents, and if there are no 
parents, to the brothers and sisters who were minors and under the age of eighteen years 
at the time of said loss of the officers, seamen, and marines who were in the service of 
the United States, aud lost in the United States brig of war Somers, shall be entitled 
to, and receive, out of any money in the treasury not otherwise appropriated, a sum 
equal to twelve months' pay of their respective deceased relations aforesaid, in addi- 
tion to the pay due to the said deceased at the date of the loss of said vessel. 

Approved August 14, 1848. 



An act for the lelief of the widows and orphans of the office: s, seamen, and marines of the United 
States sloop of war Albany, and for other purposes. 

Sec. 1. That for the purpose of fixing the time at which shall commence the pen- 
sions, under the existing laws, of the widows and orphan children of the officers, sea- 
men, marines, and others, iu the service, who were lost in the United States sloop of 



319 

war Albany, as well as to the time to which, the pay of said officers, seamen, marines, 
and others, in service, shall he allowed, the eighteenth day of April, one thousand 
eight hundred and fifty-five, shall be deemed and taken to be the day on which the 
said sloop of war Albany foundered at sea ; and that, for the like purposes, the twenty- 
ninth day of June, one thousand eight hundred and fifty-five, shall be deemed and 
taken to be the day on which the United States brig Porpoise was lost in like manner. 

Sec. 2. That the widow, or child, or children, and in case there be no widow, or child, 
or children (as aforesaid), then the parent or parents, and if there are no parents, the 
brothers and sisters, of the officers, seamen, marines, and others, in service, who were 
losr in said sloop of war Albany and. brig Porpoise, including captain's clerk and assist- 
ant draughtsman, shall be entitled to and receive, out of any money in the treasury 
nor otherwise appropriated, a sum equal to twelve months' pay of their respective 
deceased relations aforesaid, in addition to the pay due to the said deceased at the date 
of the loss of said vessels respectively. * * * 

Approved August 1, 1556. 



An act for the relief of the widows and orphans of the officers, seamen, and marines of the United 
States sloop-of-war Levant, and for other purposes. 

Thar, for the purpose of fixing the time at which shall commence the pensions under 
the existing laws, of the widows and orphan children of the officers, seamen, marines, 
and others, in service, who were lost in the United States sloop-of-war Levant, as well 
as the time ro which the pay of said officers, seamen, marines, and others in the serv- 
ice, shall be allowed, the thirtieth day of June, one thousand eight hundred and sixty- 
one, shall be deemed and taken to be the day on which the said sloop-of-war Levant 
foundered at sea. 

Sue. •>. That the widow, or child, or children, and in case there shall no widow, or 
child, or children, (as aforesaid,) then the parent or parents, and if there be no parents, 
the brothers and sisters of the officers, seamen, marines, and others, in service, who 
were lost in said sloop-of-war Levant, including captain's clerk and assistant draughts- 
man, shall be entitled to, and receive, out of any money in the treasury not otherwise 
appropriated, a sum equal to twelve months' pay of their respective deceased relations 
aforesaid, in addition to the pay due to the said deceased at the date of the loss of said 
vessel. * * * 

Approved July 24, 1861. 



An act to provide for the equitable settlement of the accounts of the officers and crews of the frigate 

Congress and other vessels. 

That the proper accounting officers of the treasury be, and they hereby are. au- 
thorized and directed to settle, upon the principles of justice and equity, the accounts 
of the officers, sailors, marines, and crews of the United States frigate Congress, the 
sloop Cumberland, and of any other vessel or vessels-of-war, the books of which were 
lost or destroyed in consequence of the naval engagements at Hampton Roads on the 
eighth and ninth of Match, anno Domini one thousand eight hundred and sixty-two. 

Sec. 2. That the Secretary of the Navy be, and he is hereby, authorized to furnish 
to the sailors, marines, and crews of any of the vessels engaged in the naval actions 
in the foregoing section mentioned, whose bedding, clothing, or other property was 
lost or destroyed therein, with an amount sufficient to cover their losses, and not 
exceeding sixty dollars to each man, to be paid in kind or in money, at the discretion 
of the flag-officer of the North Atlantic squadron. 

Approved April 2, 1862. 



lotion for the relief of the officers, non-commissioned officers, and privates of the hattalionof 
marines on hoard the transport Governor, on the third of Xovemher, eighteen hundred and sixty-one. 

That the sum of seven thousand one hundred and sixth-three dollars and fifty- 
one cents be, and the same is hereby, appropriated, out of any money in the treasury 
not otherwise appropriated, to compensate the officers, non-commissioned officers, and 
privates who composed the marine battalion attached to the Port Royal Naval Expe- 
dition under Flag-Officer DuPont, for the losses of their personal effects by the found- 
ering of the steamer Governor, in which they were embarked, on the third of No- 
vember last : and that the Secretary of the Navy cause the said sum, or so much 
thereof as may i be paid to them according to the estimated value of 

their | lost in the manner aforesaid. 

Approved July 11. 1862. 



320 

An act for the relief of the widows and orphans of the officers, seamen, and marines of the United 
States ships Cumberland and Congress. 

That the widow, or child, or children, and in case there shall be no widow, or child, 
or children, then the parent, or parents, and if there be no parents, the brothers and 
sisters of the officers, seamen, and. marines, and others in service who were lost in the 
United States ships Cumberland and Congress, including captains' clerks, shall be 
entitled to and shall receive, out of any money in the treasury not otherwise appro- 
priated, a sum equal to twelve months' pay of their respective deceased relations 
aforesaid, in addition to the pay due to the said deceased at the date of the loss of said 

Approved July 11, 1862. 



A resolution to compensate the crew of the United States steamer Varuna for clothing and other prop- 
erty lost in the public service. 

That the proper accounting officers of the treasury be, and they are hereby, au- 
thorized, in settling the accounts of the petty officers, seamen, and others of the crew 
of the United States steamer Varuna, which was sunk during the engagement near 
New Orleans on or about the twenty-fourth day of April, eighteen hundred and sixty- 
two, to credit each of them with the amount of sixty dollars to cover their losses of 
bedding, clothing, and other property, occasioned by the sinking of the said steamer. 

Approved July 11, 1862. 



Joint resolution to compensate the sailors on the gunboat Cairo for loss of clothing. 

That the proper accounting officers of the treasury be, and they are hereby, au- 
thorized, in settling the accounts of the petty officers, seamen, sailors, and others of 
the crew of the United States gunboat Cairo, to allow to each a sum not exceeding 
fifty dollars as a remuneration for the damage they may have sustained in the loss of 
their clothing by the destruction of said vessel in December last. 

Approved February 13, 1863. 



Joint resolution to compensate the crew of the United States steamer Monitor for clothing and other 
property lost in the public service. 

That the proper accounting officers of the treasury be, and they are hereby, au- 
thorized, in settling the accounts of the petty officers, seamen, and others of the crew 
of the United States steamer Monitor, which was wrecked near Cape Hatteras, ou or 
about the 30th day of December, eighteen hundred and sixty-two, to credit each of 
them with the amount of sixty dollars to cover their losses of bedding, clothing, and 
other property, occasioned by the sinking of said steamer. 

Approved March 3, 1863. 



Joint resolution relative to the accounts of the petty officers, seamen, and others of the crew of the 
United States gunboat Cincinnati. 

That the proper accounting officers of the Treasury be, and they are hereby, au- 
thorized, in settling the accounts of the petty officers, seamen, and others of the crew 
of the United States gunboat Cincinnati, to allow each of them all back pay, and a 
sum, not exceeding fifty dollars, for loss of clothing and other property by the sinking 
of the said vessel in the Mississippi river, near Vicksburg, on the twenty-seventh day of 
May, eighteen hundred and sixty-three. 

Approved April 19, 1884. 



An act fixing the date of the loss of the United States brig " Bainbridge," and for the relief of officers, 
seamen, and marines of the same, and for other purposes. 

That for the purpose of fixing the time at which shall commence the pensions, 
under the existing laws, of the widows and orphan children of the officers, seamen, 
marines, and others in service who were lost in the United States brig " Bainbridge," 
as well as the time to which the pay of said officers, seamen, marines, and others in 
the service shall be allowed, the twenty-first day of August, in the year one thousand 
eight hundred and sixty-three, shall be deemed and taken to be the day on which the 
said brig " Bainbridge" foundered at sea. 

Sec. 2. That the widow, or child, or children, and in case there shall be no widow, 
or child, or children, as aforesaid, then the parent or parents, and if there be no 



321 

parents, the brothers and sisters of the officers, seamen, marines, aud others in service, 
who were lost in said brig " Baiubridge," shall be entitled to and receive, out of any 
money in the treasury not otherwise appropriated, a sum equal to twelve months' pay 
of their respective deceased relations, aforesaid, in addition to the pay due to said 
deceased at the date of the loss of said vessel. 
Approved April 19, 1864. 



A resolution to compensate the sailors on the gunhoat Baron de Kalb for loss of clothing. 

That the proper accounting officers of the treasury be, and they are hereby, au- 
thorized, in settling the accounts of the petty officers, seamen, sailors, and others of 
the crew of the United States gunboat Baron de Kalb, to allow to each a sum not 
exceeding fifty dollars as a remuneration for the damage they may have sustained in 
the loss of their clothing by the destruction of said vessel, to be paid out of any money 
in the treasury not otherwise appropriated. 

Approved June 7, 1864. 



An act relating to captures made by Admiral Farragut's fleet in the Mississippi Kiver in May, (1862,) 
eighteen hundred and $ix.tj-eight [two.] 

That the vessels attached to or connected with Admiral Farragut's fleet in the river 
Mississippi, which participated in the opening of that river, and which resulted in the 
capture of New Orleans in the mouth of May, eighteen hundred and sixty-two, and 
which by law would have been entitled to prize-money in the captures made by said 
vessels, shall be now entitled to the benefits of the prize-laws in the same manner as 
they would have been had the district court for the eastern district of Louisiana been 
then open aud the captures made by said vessels had been libelled therein ; and any 
court of the United States having admiralty jurisdiction may take and have cognizance 
of all cases arising out of said captures, and the same proceedings shall be had therein 
as in other cases of prize. 

Sec. 2. That the shares in such captures awarded to the officers and men entitled to 
prize shall be paid out of the Treasury of the United States. 

Approved March 3, 1869. 



Joint resolution directing an inquiry into the loss of the United States steamer " Oneida." 

Whereas, on the twenty-fourth day of January last, the United States steamer 
11 Oneida," when leaving the port of Yokohama, Japan, came in collision with the 
British Peninsular and Oriental mail steamer " Bombay," and sunk almost instantly, 
with the loss of nearly all her officers and the greater part of her men ; aud whereas 
the Navy Department has been unable, in auswer to a request of the House of Repre- 
sentatives, to communicate any detailed or satisfactory information touching the cir- 
cumstances of the loss, beyond its extent and the number of casualties ; and whereas 
it appears that no full and impartial and satisfactory investigation has been made into 
the causes of the disaster, or iuto the conduct of the parties implicated in it : There- 
fore, 

Be it resolved by the Senate and House of Representatives of the United States of America in 
Congress assembled, That the Secretary of the Navy shall, with the least practicable delay, 
order an inquiry to be made into the particulars of the loss of said United States steamer 
" Oneida," and of her officers and men, including the subsequent conduct of the captain 
of the steamer " Bombay," with a view to ascertain the responsibility for the collision 
by which she was destroyed, and for the destruction of life which attended the catas- 
trophe, and make report of the same to Congress. 

Approved April 7, 1870. 



An act for the relief of the widows and orphans of the officers, seamen, and marines of the United 
States vessel of war Oneida, and for other purposes. 

That the widow or child or children, and in case there be no widow or child or 
children, then the parent or parents, and if there be no parents, the brothers and 
sisters of the officers, seamen, marines, and others in service who were lost in the 
United States vessel of war Oneida, on the twenty-fourth day of January, eighteen 
hundred and seventy, shall be entitled to and receive, out of any money in the Treasury 
not otherwise appropriated, a sum equal to twelve months' sea pay of their respective 
deceased relations aforesaid, in addition to the pay due to the said deceased at the date of 
the loss of said vessel, and the proper accounting officers of the Treasury Department 
are hereby authorized to compute said pay up to and including the said twenty-fourth 

21 NL 



322 

day of January, eighteen hundred and seventy, the day upon which said vessel was 
sunk in Yokohama Bay, Japan ; aud the said accounting officers are hereby authorized, 
in adjusting the accounts of such of the officers who were lost on board the Oneida as 
were entitled by law or regulation to examination for promotion, to allow them the 
increased pay from the date they became entitled to examination, and the Secretary of 
the Navy is authorized to issue the commissions of those who were confirmed by the 
Senate. 

Sec. 2. That the proper accounting officers of the Treasury be, and they are hereby, 
authorized and directed to settle upon the principles of justice and equity the accounts 
of the officers, sailors, and marines, and others, including captain's clerk, on board 
the said vessel of war Oneida, and to assume the last quarterly return of the pay- 
master of said vessel as the basis of computation of the subsequent credits to those on 
board to the date of such loss, if there be no official evidence to the contrary. 

Sec. 3. That the proper accounting officers of the Treasury Department be, and are 
hereby authorized and directed to settle the accounts of Thomas L. Tullock, junior, late 
paymaster in the Navy, who was lost in the said vessel of war Oneida, with all his accounts 
and vouchers, for expenditures and payments made by him, and with all the money, 
stores, and supplies, procured for the use of said vessel, and to allow him a credit for 
whatever sum appears to be due from him on the books of the Department. 

Approved May 18, 1870. 



An act for the recovery of damages for the loss of the sloop of war Oneida. 

That the Secretary of the Navy be, and he. is hereby, authorized and directed, after 
consultation with the Attorney-General, to take such measures, and institute and pursue 
to final judgment or decree such proceedings at law, or otherwise, as may be needful 
to obtain full damages and indemnification for the destruction and the loss of the sloop 
of war Oneida, in the bay of Yeddo, Japan, in January, eighteen hundred and seventy, 
and to employ such legal counsel in the United States, or abroad, as he may find 
requisite to accomplish the purposes of this act. • 

Approved March 3, 1871 . 



An act for the relief of the children of 0. H. Berryman, deceased, and others. 

That the Secretary of the Treasury be, and he hereby is, directed, out of any money 
in the Treasury not otherwise appropriated, to pay to Mrs. Columbia N. Payne, Mrs. 
Alice Bromwell, Calvert O. Berryman, and William M. Berryman, children of Otway 
H. Berryman, deceased, and the other officers and crew of the United States schooner 
Onkahiye, the sum of twenty thousand six hundred and sixty-four dollars and sixty-nine 
cents, being the balance of the prize-money obtained by the capture of the bark Lau- 
rens by the said schooner in the year eighteen hundred and forty-eight ; and that said 
sum of twenty thousand six hundred and sixty-four dollars and sixty-nine cents be 
distributed among said officers and crew in such proportion as shall be designated by 
the Secretary of the Navy, according to the provisions of the sixth section of the act of 
April twenty-third, eighteen hundred, entitled "An act for the government of the navy 
of the United States." 

Approved May 28, 1872. 



An act for the relief of the officers and crew of the United States steamer " Kearsarge." 

That the Secretary of the Navy be, and he hereby is, authorized and directed to pay, 
out of money hereafter to be appropriated, to Eear-Admiral John A. Winslow, and the 
officers and crew belonging to the United States steamer " Kearsarge," while engaged in 
the capture and destruction of the vessel called the "Alabama," on the nineteenth day 
of June, eighteen hundred and sixty -four, the sum of one hundred and ninety thousand 
dollars, the same being the estimated value thereof, to be distributed to the officers 
and crew attached to the " Kearsarge " at the date above named according to the pay- 
roll of the ship at the time, and to be in lieu of the bounty authorized by the eleventh 
section of the act of June thirtieth, eighteen hundred and sixty-four, entitled "An act 
to regulate prize proceedings, and so forth : " Provided, That no money shall be paid 
to the assignee of any of said officers or crew, entitled to receive the same, but only to 
himself in person, or to his wife, or to his personal representatives, excluding any such 
assignee : And provided further, That if any of the officers or crew of said United States 
steamer " Kearsarge " shall have received the bounty provided for by the said section 
eleven of the act of June thirtieth, eighteen hundred and sixty-four, the same shall be 
deducted from the amount to be paid to such officer or seaman under this act. 

Approved April 17, 1872. 






323 

An act granting a pension to the widow of the late Admiral Farragnt. 

That the Secretary of the Interior he, and is herehy, authorized to place the name of 
Virginia L. Farragut, widow of D. G. Farragnt, deceased, late admiral of the United 
States navy, on the pension roll, and allow and pay her.from the interest on the navy 
pension fund a pension at the rate of two thousand dollars per annum, from and after 
the passage of this act. 

Approved May 28, 1872. 

An act authorizing the payment of prize-money to the officers and crew of the United States steamer 

Bienville. 

That the Secretary of the Navy is herehy authorized to direct the proper accounting 
officers of the Treasury to allow and pay to such persons as were the officers and com- 
posed the crew of the United States steamer Bienville on the fifth day of August, 
eighteen hundred arid sixty-four, a sum equal to that to which the officers and crew of 
said steamer would have been entitled to receive as prize money had the name of said 
steamer been inserted in the list of the vessels entitled to share in the captures made 
in the bay of Mobile on said fifth day of August, eighteen hundred and sixty-four, the 
name of said vessel having been accidentally omitted from said list ; said sum to be 
paid out of the naval pension fund. 
Approved May It, 1874. 

An act for the relief of certain officers of the Navy who were dropped, furloughed, or retired tinder 
the act of February twenty-eighth, eighteen hundred and fifty-five. 

That all officers now in the Navy, and the widows or heirs of those who have died 
while attached to the Navy, including the widow of Captain Elisha Peck, relieved by 
special act of March three, eighteen hundred and seventy-three, who were dropped, 
furloughed, or retired under the act of February twenty-eighth, eighteen hundred and 
fifty-five, and who were afterward promoted and restored to the active list of the Navy, 
under the operations of the act of January sixteenth, eighteen hundred and fifty-seven, 
or by the President, under the operation of subsequent laws, shall be entitled to re- 
ceive, out of any money in the Treasury not otherwise appropriated, the difference 
between the pay respectively received by them and the pay at that time designated by 
law for officers on the active list of the rank to which they were respectively promoted, 
for and during the time they were affected by the operation of the said acts of Febru- 
ary twenty-eighth, eighteen hundred and fifty-five, and January sixteenth, eighteen 
hundred and fifty-seven. 

Approved January 30, 1875. 



An act for the relief of the survivors of the Polaris. 

That the proper accounting officers of the Treasury be authorized and directed to 
pay, out of any money in the Treasury not otherwise appropriated, to the survivors of 
the Polaris engaged in the Arctic exploration under command of Captain Charles F. 
Hall, their widows, or minor children, and in the order named, a sum of money in addi- 
tion to that already paid, equal in amount to one year's pay which each would have 
been entitled to respectively if continued in the service, under the rules and regula- 
tions prescribed by the Secretary of the Navy for said exploring expedition ; and that 
the sum of three hundred and sixty dollars each be paid to Joe Eberbing and Hans 
H endrick, Esquimaux, who rendered valuable assistance to that part of the ship's crew 
rescued from the ice-floe on or about the thirtieth day of April, eighteen hundred and 
6eventy-three ; said payment to be made direct to each individual claimant upon sat- 
isfactory evidence of bis identity : Provided, That if any sale, assignment, or transfer 
shall be made of any interest in the gratuity provided by this act, the amount so 
assigned shall revert to the Government of the United States. 

Approved March 3, 1875. 



An act for the relief of Mary L. Woolsey, widow of the late Commodore Melanctbon B. Woolsey, of 

the Navy. 

That the proper accounting-officer of the Treasury, in adjusting the amount due 
Melanctbon B. Woolsey, deceased, late a commodore in the Navy, shall, in considera- 
tion of the devotion of the said deceased to his public duties, which resulted in hia 
death at Pensacola, Florida, on the second day of October, eighteen hundred and sev- 
enty-four, pay to Mrs. Mary L. Woolsey, widow of said deceased, the amount of pay 
to which the said commodore would have been entitled if he had survived and remained 
in the public service on waiting orders to the end of the present fiscal year, out of any 
money appropriated for the pay of the officers of the Navy. 

Approved March 3, 1875. 



INDEX TO PART IV. 



Page. 

Albany, act for the relief of widows and orphans of those lost in the 318 

Bainbridge, date of the loss of the, fixed 320 

twelve months' pay to widows, ifcc, of those lost in the 320 

Baron DeKalb. allowance to crew of the, for loss of clothing 321 

Bienville, prize-money to officers and crew of the 323 

Cairo, compensation for loss of clothing by petty officers and others, of the 320 

Cincinnati, back-pay and compensation to crew of, for loss of clothing 320 

Congress, act for settlement of accounts of the 319 

twelve months' pay to families of those lost in the 320 

Cumberland, act for settlement of accounts of the frigate 319 

twelve months' pay to families of those lost in the 320 

Epervier, relief of the widows and children of those lost in the 317 

Farragut's fleet, prize-money to 321 

Farragut, Admiral ~D. G-. , pension to the widow of 323 

Governor, compensation for loss of effects in the 319 

Grampus, widows and children of officers and crew of schooner 318 

Hornet, relief of the widows and children of those lost in the 317 

Insurgent, relief of widows and children of those lost in the 317 

Kearsarge. bounty to officers and crew of the : 322 

Levant, act for the relief of widows, &c, of those lost in the 319 

Monitor, compensation for loss of effects in the 320 

Oneida, resolution of inquiry into loss of the 321 

relief of the widows and orphans of those lost in the 321 

act for recovery of damages for loss of the 322 

Onkahye, prize-money to officers and crew of 322 

Pickering, relief of the widows and children of those lost in the 317 

Polaris, act for the relief of the survivors of the 323 

Porpoise, relief of widows, &c, of those lost in the 319 

Retired officers, relief of certain, under act of 1855 .. 323 

Sea Gull, relief of widows, <fcc, of those lost in the 318 

Somers. relief of widows, &c, of those lost in the 318 

Sylph, relief of widows and orphans of those lost in the 318 

Varuna, compensation for personal effects lost in the 320 

"Wasp, relief of the widows and orphans of those lost in the 317 

TVoolsey, Commodore M. B., act for the relief of the widow of 323 



PART V. 



THE CONSTITUTION OF THE UNITED STATES OF AMERICA, 
WITH THE AMENDMENTS. 

[Compared with the original in the Department of State, September 17, 1872, and found 

to be correct.] 



We the People of the United States, in Order to form a more perfect Union, establish 
Justice, insure domestic Tranquility, provide for the common defence, promote the 
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, 
do ordain and establish this Constitution for the United States of America. 

ARTICLE. I. 

Section. 1. All legislative Powers herein granted shall be vested in a Congress of the 
United States, which shall consist of a Senate and House of Representatives. 

Section. 2. The House of Representatives shall be composed of Members chosen every 
second Year by the People of the several States, and the Electors in each State shall 
have the Qualifications requisite for Electors of the most numerous Branch of the State 
Legislature. 

No Person shall be a Representative who shall not have attained to the Age of twenty- 
five Years, and been seven Years a Citizen of the United States, and who shall not, 
when elected, be an Inhabitant of that State in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among the several States 
which may be included within this Union, according to their respective Numbers, 
which shall be determined by adding to the whole Number of free Persons, including 
those bound to Service for a Term of Years, and excluding Indians not taxed, three 
fifths of all other Persons. The actual Enumeration shall be made within three Years 
after the first Meeting of the Congress of the United States, and within every subse- 
quent Term of ten Years, in such Manner as they shall by Law direct. The Number of 
Representatives shall not exceed one for every thirty Thousand, but each State shall 
have at Least one Representative ; aud until such enumeration shall be made, the State 
of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island 
and Providence Plantations one, Connecticut five, New- York six, New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, 
South Carolina five, and Georgia three. 

When vacancies happen in the Representation from any State, the Executive Author- 
ity thereof shall issue Writs of Election to fill such Vacancies. 

The House of Representatives shall chuse their Speaker and other Officers; and shall 
have the sole Power of Impeachment. 

Section. 3. The Senate of the United States shall be composed of two Senators from 
each State, chosen by the Legislature thereof, for six years; and each Senator shall 
have one Vote. 

Immediately after they shall be assembled in Consequence of the first Election, they 
shall be divided as equally as may be into three Classes. The Seats of the Senators of 
the first Class shall be vacated at the Expiration of the second Year, of the second Class 
at the Expiration of the fourth Year, aud of the third Class at the Expiration of the 
sixth Year, so that one third may be chosen every second Year; and if Vacancies hap- 
pen by Resignation, or otherwise, during the Recess of the Legislature of any State, the 
Executive thereof may make temporary Appointments until the next Meeting of the 
Legislature, which shall then fill such Vacancies. 

No Person shall be a Senator who shall not have attained to the Age of thirty Years, 
and been nine Years a Citizen of the United States, and who shall not, when elected, 
be an Inhabitant of that State for which he shall be chosen. 

The Vice President of the United States shall be President of the Senate, but shall 
have no Vote, unless they be equally divided. 



328 

The Senate shall chuse their other Officers, and also a President pro tempore, in the 
Absence of the Vice President, or when he shall exercise the Office of President of the 
United States. 

The Senate shall have the sole Power to try all Impeachments. When sitting for that 
Purpose, they shall be on Oath or Affirmation. When tbe President of the United 
States is tried, the Chief Justice shall preside : And no Person shall be convicted with- 
out the Concurrence of two thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend further than to removal from 
Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under 
the United States: but the Party convicted shall nevertheless be liable and subject to 
Indictment, Trial, Judgment and Punishment, according to Law. 

Section. 4. The Times, Places and Manner of holding Elections for Senators and 
Representatives, shall be prescribed in each State by the Legislature thereof; but the 
Congress may at any time by Law make or alter such Regulations, except as to the 
Places of chusing Senators. 

Tbe Congress shall assemble at least once in every Year, and such Meeting shall be 
on the first Monday in December, unless they shall by Law appoint a different Day. 

Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifica- 
tions of its own Members, and a Majority of each shall constitute a Quorum to do 
Business ; but a smaller Number may adjourn from day to day, and may be authorized 
to compel the Attendance of absent Members, in such Manner, and under such Penal- 
ties as each House may provide. 

Each House may determine the Rules of its Proceedings, punish its Members for 
disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and from time to time publish 
the same, excepting such Parts as may in their Judgment require Secrecy; and the 
Yeas and Nays of the Members of either House on any question shall, at the Desire of 
one fifth of those Present, be entered on the Journal. 

Neither House, during the Session of Congress, shall, without the Consent of the 
other, adjourn for more than three days, nor to any other Place than that in which the 
two Houses shall be sitting. 

Section. 6. The Senators.and Representatives shall receive a Compensation for their 
Services, to be ascertained by Law, and paid out of the Treasury of the United States. 
T hey shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged 
from Arrest during their Attendance at the Session of their respective Houses, and in 
going to and returning from the same; and for any Speech or Debate in either House, 
they shall not be questioned in any other Place. 

No Senator or Representative shall, during the Time for which he was elected, be 
appointed to any civil Office under the Authority of the United States, which shall 
have been created, or the Emoluments whereof shall have been encreased during such 
time; and no Person holding any Office under the United States, shall be a Member of 
either House during his CoDtinuance in Office. 

Section. 7. All Bills for raising Revenue shall originate in the House of Representa- 
tives ; but the Senate may propose or concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Representatives and the Senate, 
shall, before it become a Law, be presented to the President of the United States ; If 
he approve he shall sign it, but if not he shall return it, with his Objections to that 
House in which it shall have originated, who shall enter the Objections at large on 
their Journal, and proceed to reconsider it. If after such Reconsideration two thirds 
of that House shall agree to pass the Bill, it shall be sent, together with the Objections, 
to the other House, by which it shall likewise be reconsidered, and if approved by two 
thirds of that House, it shall become a Law. But in all such Cases the Votes of both 
Houses shall be determined by yeas and Nays, and the Names of the Persons voting for 
and against the Bill shall be entered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days (Sundays excepted) after 
it shall have been presented to him, the Same shall be a Law, in like Manner as if he 
had signed it, unless the Congress by their Adjournment prevent its Return, in which 
Case it shall not be a Law. 

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House 
of Representatives may be necessary (except on a question of Adjournment) shall be 
presented to the President of the United States ; and before the Same shall take Effect, 
shall be approved by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the Rules and Limitations 
prescribed in the Case of a Bill. 

Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Im- 
posts and Excises, to pay the Debts and provide for the common Defence and general 
Welfare of the United States; but all Duties, Imposts and Excises shall be uniform 
throughout'the United States; 

To borrow Money on the credit of the United States ; 

To regulate Commerce with foreigu Nations, and among the several States, aud with 
the Indian Tribes : 



329 

To establish an uniform Rule of Naturalization and uniform Laws ou the subject of 
Bankruptcies throughout the United States ; 

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard 
of Weights and Measures; 

To provide for the Punishment of counterfeiting the Securities and current Coin of 
the United States ; 

To establish Post Offices and post Roads ; 

To promote the Progress of Science and useful Arts, by securing for limited Times to 
Authors and Inventors the exclusive Right to their respective Writings and Discov- 
eries ; 

To constitute Tribunals inferior to the supreme Court ; 

To define and punish Piracies and Felonies committed on the high Seas, and Offences 
against the Law of Nations; 

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning 
Captures on Land and Water; 

To raise and support Armies, but no Appropriation of Money to that Use shall be for 
a longer Term than two Years ; 

To provide and maintain a Navy ; 

To n<ake Rules for the Government and Regulation of the land and naval Forces ; 

To provide for calling forth the Militia to execute the Laws of the Union, suppress 
Insurrections and repel Invasions ; 

To provide for organizing, arming, and disciplining, the Militia, and for governing 
such Part of them as may be employed in the Service of the United States, reserving to 
the States respectively, the Appointment of the Officers, and the Authority of training 
the Militia according to the discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatsoever, over such District (not 
exceeding ten Miles square) as may, by Cession of particular States, and the Accept- 
ance of Congress, become the Seat of the Governrueut of the United States, and to exer- 
cise like Authority over all Places purchased by the Consent of the Legislature of the 
State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock- 
Yards, and other needful Buildings; — And 

To make all Laws which shall be necessary and proper for carrying into Execution 
the foregoing Powers, and all other Powers vested by this Constitution in the Govern- 
ment of the United States, or in any Department or Officer thereof. 

Section. 9. The Migration or Importation of such Persons as any of the States now 
existing shall think proper to admit, shall not be prohibited by the Congress prior to 
the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on 
such Importation, not exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when 
in Cases of Rebellion or Invasion the public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census 
or Enumeration herein before directed to be taken. 

No Tax or Duty shall be laid on Articles exported from auy State. 

No Preference shall be given by any Regulation of Commerce or Revenue to the 
Ports of one State over those of another : nor shall Vessels bound to, or from, one State, 
be obliged to enter, clear, or pay Duties in another. 

No Money shall be drawn from the Treasury, but in Consequence of Appropriations 
made by Law ; and a regular Statement and Account of the Receipts and Expenditures 
of all public Money shall be published from time to time. 

No Title of Nobility shall be granted by the United States : And no Person holding any 
Office of Profit or Trust under them, shall, without the Consent of the Congress, accept 
of auy present, Emolument, Office, or Title, of any kind whatever, from any King, 
Prince, or foreign State. 

Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant 
Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Thing but 
gold and silver Coin a Tender in Payment of Debts; pass any bill of Attainder, ex post 
facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. 

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Im- 
ports or Exports, except what may be absolutely necessary for executing it's inspection 
Laws : and the net Produce of all Duties and Imposts, laid by any State on Imports or 
Exports, shall be for the Use of the Treasury of the United States ; and all such Laws 
shall be subject to the Revision and Controul of the Congress. 

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, 
or Ships of War in time of Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless actually invaded, or in such 
imminent Danger as will not admit of delay. 



330 

ARTICLE. II. 

Section. 1. The executive Power shall be vested in a President of the United States 
of America. He shall hold his Office during the Term of fonr Years, and, together with 
the Vice-President, chosen for the same Term, be elected as follows 

Each State shall appoint, in such Manuer as the Legislature thereof may direct, a 
Number of Electors, equal to the whole Number of Senators and Representatives to 
which the State may be entitled in the Congress ; but no Senator or Representative, or 
Person holding an Office of Trust or Profit under the United States, shall be appointed 
an Elector. 

The Electors shall meet in their respective States, and vote by Ballot for two 
Persons,* of whom one at least shall not be an Inhabitant of* the same State with 
themselves. And they shall make a List of all the Persons voted for, and of the Num- 
ber of Votes for each ; which List they shall sign and certify, and transmit sealed to 
the Seat of the Government of the United States, directed to the President of the 
Senate. The President of the Senate shall, in the Presence of the Senate and House 
of Representatives, open all the Certificates, and the Votes shall then be counted. The 
Person having the greatest Number of Votes shall be the President, if such Number be a 
Majority of the whole Number of Electors appointed ; and if there be more than one 
who have such Majority, and have an equal Number of Votes, then the House of Rep- 
resentatives shall immediately chuse by Ballot one of them for President ; and if no 
Person have a Majority, then from the five highest on the List the said House shall in like 
Manner chuse the President. But in chusing the President, the Votes shall be taken 
by States, the Representation from each State having one Vote ; A quorum for this 
Purpose shall consist of a Member or Members from two thirds of the States, and a 
Majority of all the States shall be necessary to a Choice. In every Case, after the 
Choice of the President, tile Person having the greatest Number of Votes of the 
Electors shall be the Vice-President. But if there should remain two or more who have 
equal Votes, the Senate shall chuse from them by Ballot the Vice-President. 

The Congress may determine the Time of chusing the Electors, and the Day on 
which they shall give their votes ; which Day shallbe the same throughout the United 
States. 

No Person except a natural born Citizen, or a Citizen of the United States, at the 
time of the Adoption of this Constitution, shall be eligible to the Office of President ; 
neither shall any Person be eligible to that office who shall not have attained to the 
Age of thirty-five Years, and been fourteen Years a Resident within the United States. 

In Case of the Removal of the President from Office, or of his Death, Resignation, 
or Inability to discharge the Powers and Duties of the said Office, the Same shall 
devolve on the Vice-President, and the Congress may by Law provide for the Case of 
Removal, Death, Resignation or Inability, both of the President and Vice-President, 
declaring what Officer shall then act as President, and such Officer shall act accord- 
ingly, uutil the Disabilty be removed, or a President shall be elected. 

The President shall, at stated Times, receive for his Services, a Compensation, which 
shall neither be encreased nor diminished during the Period for which he shall have 
been elected, and he shall not receive within that Period any other Emolument from 
the United States, or any of them. 

Before he enter on the Execution of his Office, he shall take the following Oath or 
Affirmation : — "I do solemnly swear (or affirm) that I will faithfully execute the Office 
of President of the United States, and will to the best of my Ability, preserve, protect 
and defend the Constitution of the United States." 

Section. 2. The President shall be Commander in Chief of the Army and Navy of 
the United States, and of the Militia of the several States, when called into the actual 
Service of the United States ; he may require the Opinion, in writing, of the principal 
Officer in each of the executive Departments, upon any Subject relating to the Duties 
of their respective offices, and he shall have Power to grant Reprieves and Pardons for 
Offences against the United States, except in Cases of Impeachment. 

He shall have Power, by and with the Advice and Consent of the Senate, to make 
Treaties, provided two thirds of the Senators present concur ; and he shall nominate, 
and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, 
other public Ministers and Consuls, Judges of the supreme Court, and all other Officers 
of the United States, whose Appointments are not herein otherwise provided for, and 
which shall be established by Law : but the Congress may by Law, vest the Appoint- 
ment of such inferior Officers, as they think proper, in the President alone, in the 
Courts of Law, or in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that may happen during the 
Recess of the Senate, by granting Commissions which shall expire at the End of their 
next Session. 

Section. 3. He shall from time to time give to the Congress information of the State 
of the Union, and recommend to their Consideration such Measures as he shall judge 
necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or 



331 

either of them, and in Case of Disagreement between them, with Respect to the Time 
of Adjournment, he may adjourn them to such Time as he 6hall think proper; he shall 
receive Ambassadors and other public Ministers ; he shall take Care that the Laws be 
faithfully executed, and shall Commission all the Officers of the United States. 

Section. 4. The President, Vice President and all civil Officers of the United States, 
shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, 
or other high Crimes and Misdemeanors. 

ARTICLE III. 

Section. 1. The judicial Power of the United States, shall be vested in one supreme 
Court, and in such inferior Courts as the Congress may from time to time ordain and 
establish. The Judges, both of the supreme and inferior Courts, shall hold their 
Offices during good Behaviour, and shall, at stated Times, receive for their Services, a 
Compensation, which shall not be diminished during their Continuance in Office. 

Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, 
arising under this Constitution, the Laws of the United States, and Treaties made, or 
which shall be made, under their Authority ; — to all Cases affecting Ambassadors, 
other public Ministers and Consuls ; — to all Cases of admiralty and maritime jurisdic- 
tion ; — to Controversies to which the United States shall be a Party ;— to Controversies 
between two or more States ; — between a State and Citizens of another State ; — 
between Citizens of different States, — between Citizens of the same State claiming 
Lands under Grants of different States, and between a State, or the Citizens thereof, 
and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in 
which a State shall be Party, the supreme Court shall have original Jurisdiction. In 
all the other Cases before mentioned, the supreme Court Shall have appellate Jurisdic- 
tion, both as to Law and Fact, with such Exceptions, and under such Regulations as 
the Congress shall make. 

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury ; and such 
Trial shall be held in the State where the said Crimes shall have been committed ; but 
when not committed within any State, the Trial shall be at sueh Place or Places as 
the Congress may by Law have directed. 

Section. 3. Treason against the United States, shall consist only in levying War 
against them, or in adhering to their Enemies, giving them Aid and Comfort. No 
Person shall be convicted of Treason unless on the Testimony of two Witnesses to the 
same overt Act, or on Confession in open Court. 

The Congress shall have Power to declare the Punishment of Treason, but no 
Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the 
Life of the Person attainted. 

ARTICLE. IV. 

Section. 1. Full Faith and Credit shall be given in each State to the public Acts, 
Records, and judicial Proceedings of every other State. And the Congress may by 
general Laws prescribe the Manner in which such Acts, Records and Proceedings shall 
be proved, and the Effect thereof. 

Section. 2. The Citizens of each State shall be entitled to all Privileges and Immu- 
nities of Citizens in the several States. 

A Person charged in any State with Treason, Felony, or other Crime, who shall flee, 
from Justice, and be found in another State, shall on Demand of the executive 
Authority of the State from which he fled, be delivered up, to be removed to the State 
having Jurisdiction of the Crime. 

No Person held to Service or Labour in one State, under the Laws thereof, escaping 
into another, shall, in Consequence of any Law or Regulation therein, be discharged 
from such Service or Labour, but shall be delivered up on Claim of the Party to whom 
such Service or Labour may be due. 

Section. 3. New States may be admitted by the Congress into this Union ; but no 
new State shall be formed or erected within the Jurisdiction of any other State ; nor 
any State be formed by the Junction of two or more States, or Parts of States, without 
the consent of the Legislatures of the States concerned as well as of the Congress. 

The Congress shall have Power to dispose of and make all needful Rules and Regu- 
lations respecting the Territory or other Property belonging to the United States ; and 
nothing in this Constitution shall be so construed as to Prejudice any Claims of the 
United States, or of any particular State.' 

Section. 4. The United States shall guarantee to every State in this Union a Repub- 
lican Form of Government, and shall protect each of them against Invasion ; and on 
Application of the Legislature, or of the Executive (when the Legislature cannot be 
convened) against domestic Violence. 



332 

ARTICLE. V. 

The Congress, whenever two thirds of both Houses shall deem it necessary, shall pro- 
pose Amendments to this Constitution, or, on the Application of the Legislatures of two 
thirds of the several States, shall call a Convention for proposing Amendments, which, 
in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, 
when ratified by the Legislatures of three fourths of the several States, or by Conven- 
tions in three fourths thereof, as the one or the other Mode of Ratification may be pro- 
posed by the Congress ; Provided that uo Ameudment which may be made prior to the 
Year One thousand eight hundred and eight shall in any Manner affect the first andfourth 
Clauses iu the Ninth Section of the first Article ; and that no State, without its Con- 
sent, shall be deprived of its equal Suffrage in the Senate. 

ARTICLE. VI. 

All Debts contracted and Engagements entered into, before the Adoption of this Con- 
stitution, shall be as valid against the United States under this Constitution, as under 
the Confederation. 

This Constitution, and the Laws of the United States which shall be made in Pur- 
suance thereof; and all Treaties made, or which shall be made, under the Authority of 
the United Sfcates, shall be the supreme Law of the Laud ; and the Judges in every 
State shall be bound thereby, anj r Thing in the Constitution or Laws of any State to 
the Contrary notwithstanding. 

The Senators and Representatives before mentioned, and the Members of the several 
State Legislatures, and all executive and judicial Officers, both of the United States 
and of the several States, shall be bound by Oath or Affirmation, to support this Con- 
stitution; but no religious Test shall ever be required as a Qualification to any Office 
or public Trust under the United States. 

ARTICLE. VII. 

The Ratification of the Conventions of nine States, shall be sufficient for the Estab- 
lishment of this Constitution between the States so ratifying the Same. 

Done in Convention by the Unanimous Consent of the States present the Seventeenth 
Day of September, in the Year of our Lord one thousand seven hundred and Eighty- 
seven and of the Independence of the United States of America the Twelfth. 
In Witness whereof We have hereunto subscribed our Names, 

G°: WASHINGTON— 
Presidt. and deputy from Virginia 

»» *-*** { £^^L } 



Massachusetts 2 Nathaniel Gorham 

Massachusetts < RuFUS KlNG 



\ 



„ .. . ( Wm. Saml. Johnson 

Connecticut J Roger Sherman 

New York Alexander Hamilton 



f 



Wil : Livingston 

T . David Brearley. 

JSewJeisey <j Wm Patterson . 

^Joxna: Dayton 



(B Franklin 

j Thomas Mifflin 

| Robt. Morris. 

„ 7 . J Geo. Clymer 

Pennsylvania { Tnog FlTZSIMONS 

Jared Ingersoll 
J James Wilson 
^Gouv Morris 

fGEo: Read 

| Gunning Bedford Jun 

Delaware \ John Dickinson 

| Richard Bassett 
I Jaco : Broom 



333 

C James McHenry 

Maryland < Dan of St Thos. Jenifer 

( Danl. Carroll 

v . . . <\ John Blair — 

lir 9 ima \ James Madison Jr. 

C Wm. Blount 

Xorth Carolina < Richd. Dobbs Spaight 

( Hu Williamson 

(J. Rutledge 
«.. rt / ^ l . / w;„ / , ) Charles Cotesworth Pinckney 

touth Carolina < Charles Pinckney 

t Pierce Butler. 

n a ^„\„ S William Few 

Ge0) 9 ia Jabh Baldwin 

Attest WILLIAM JACKSON Secretary 

The Word, "the", being interlined between the seventh and eighth Lines of the first 
Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line 
of the first Page, The Words "is tried" being interlined between the thirty second 
and thirty third Liues of the first Page and the Word " the" being interlined between 
the forty third and forty fourth Liues of the secoud Page. 

[Note by the Department of State. — The foregoing explanation in the original 
instrument is placed on the left of the paragraph beginning with the words, "Done 
in Convention," and therefore precedes the signatures. The interlined and re- written 
words, mentioned in it, are in this edition printed in their proper places in the text.] 



ARTICLES IX ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF 
THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATI- 
FIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO 
THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. 



[Article L] 

Congress shall make no law respecting an establishment of religion, or prohibiting 
the free exercise thereof; or abridging the freedom of speech, or of the press ; or the 
right of the people peaceably to assemble, and to petition the Government for a redress 
of grievances. 

[Article II.] 

A well regulated Militia, being necessary to the security of a free State, the right of 
the people to keep and bear Arms, shall not be infringed. 

[Article III.] 

No Soldier shall, in time of peace be quartered in any house, without the consent of 
the Owner, nor in time of war, but in a manner to be prescribed by law. 

[Article IV.] 

The right of the people to be secure in their persons, houses, papers, and effects, 
against unreasonable searches and seizures, shall not be violated, and no Warrants 
shall issue, but upon probable cause, supported by Oath or affirmation, and particu- 
larly describing the place to be searched, and the persons or things to be seized. 

[Article V.] 

No person shall be held to answer for a capital, or otherwise infamous crime, unless 
on a presentment or indictment of a Grand Jury, except in cases arising in the land or 



334 

naval forces, or in the Militia, when in actual service in time of War or public danger ; 
nor shall any person be subject for the same offence to be twice put in jeopardy of life 
or limb ; nor shall be compelled in any Criminal Case to be a witness against himself, 
nor be deprived of life, liberty, or property, without due process of law ; nor shall pri- 
vate property be taken for public use, without just compensation. 

[Article VI.]. 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public 
trial, by an impartial jury of the State and district wherein the crime shall have been 
committed, which district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be confronted with the wit- 
nesses against him ; to have compulsory process for obtaining Witnesses in his favor, 
and to have the Assistance of Counsel for his defence. 

[Article VII. ] 

In suits at common law, where the value in controversy shall exceed twenty dollars, 
the right of trial by jury shall be preserved, and no fact tried by a jury shall be other- 
wise re-examined in any Court of the United States than according to the rules of the 
common law. 

[Article VIII.] 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and un- 
usual punishments inflicted. 

[Article IX.] 

The enumeration in the Constitution, of certain rights, shall not be construed to 
deny or disparage others retained by the people. 

[Article X.] 

The powers not delegated to the United States by the Constitution, nor prohibited 
by it to the States, are reserved to the States respectively, or to the people. 

[Article XI.] 

The Judicial power of the United States shall not be construed to extend to any 
suit in law or equity, commenced or prosecuted against one of the United States by 
Citizens of another State, or by Citizens or Subjects of any Foreign §tate. 

[Article XII. ] 

The Electors shall meet in their respective states, and vote by ballot for President 
and Vice-President, one of whom, at least, shall not be an inhabitant of the same state 
with themselves ; they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, and they shall make dis- 
tinct lists of all persons voted for as President, and of all persons voted for as Vice-Presi- 
dent, and of the number of votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of the government of the United States, directed to the 
President of the Senate ; — The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates and the votes shall then 
be counted ; — The person having the greatest number of votes for President, shall be 
the President, if such number be a majority of the whole number of Electors ap- 
pointed; and if no person have such majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted for as President, the House of 
Representatives shall choose immediately, by ballot, the President. But in choosing 
the President, the votes shall be taken by states, the representation from each state 
having one vote ; a quorum for this purpose shall consist of a member or members 
from two-thirds of the states, and a majority of all the states shall be necessary to a 
choice. And if the House of Representatives shall not choose a President whenever 
the right of choice shall devolve upon them, before the fourth day of March next fol- 
lowing, then the Vice-President shall act as President, as in the case of the death or other 
constitutional disability of the President. The person having the greatest number of 
votes as Vice-President, shall be the Vice-President, if such number be a majority of 
the whole number of Electors appointed, and if no person have a majority, then from 



335 

the two highest numbers on the list, the Senate shall choose the Vice-President ; a 
quorum for the purpose shall cousist of two-thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible to that of Vice- 
President of the United States. 

Article XIII. 

Section 1. Neither slavery nor involuntary servitude, except as a punishment for 
crime whereof the party shall have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by appropriate legisla- 
tion. 

Article XIV. 

Section 1. All persons born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States and of the State wherein they 
reside. No State shall make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States ; nor shall any State deprive any person 
of life, liberty, or property, without due process of law; nor deny to any person within 
its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several States according 
to their respective numbers, counting the whole number of persons in each State, ex- 
cluding Indians not taxed. But when the right to vote at any election for the choice 
of electors for President and Vice President of the United States, Representatives in 
Congress, the Executive and Judicial officers of a State, or the members of the Legisla- 
ture thereof, is denied to any of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any way abridged, except for par- 
ticipation in rebellion, or other crime, the basis of representation therein shall be 
reduced in the proportion which the number of such male citizens shall bear to the 
whole number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in Congress, or elector of 
President and Vice-President, or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken an oath, as a member of Con- 
gress, or as an officer of the United States, or as a member of any State legislature, or 
as an executive or judicial officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof: But Congress may, by a vote of two-thirds of each 
House, remove such disability. 

Section 4. The validity of the public debt of the United States, authorized by law, 
including debts incurred for payment of pensions and bounties for services in suppress- 
ing insurrection or rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred in aid of insurrec- 
tion or rebellion against the United States, or any claim for the loss or emancipation of 
any slave ; but all such debts, obligations, and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appropriate legislation, the 
provisions of this article. 

Article XV. 

Section 1. The right of citizens of the United States to vote shall not be denied or 
abridged by the United States or by any State on account of race, color, or previous 
condition of servitude. 

Section 2. The Congress shall have power to enforce this article by appropriate 
legislation. 



PAET VT. 



SECRETARIES OF THE NAVY. 



Name. 




Date of commission. 



George Cabot 

Benjamin Stoddert 

Robert Smith 

Paul Hamilton 

William Jones 

Benj'n W. Crowninshield 

Smith Thompson 

Saml. L. Southard . 

John Branch 

Levi Woodbury 

Mahlon Dickerson 

James K. Paulding 

Geo. E. Badger 

A. P. Upshur 

David Henskaw 

Thos. W. Gilmer 

John Y. Mason 

George Bancroft 

John Y. Mason 

Wm. B. Preston 

Wm. A. Graham 

John P. Kennedy 

James C. Dobbin 

Isaac Toucey 

Gideon Welles 

A. E. Borie 

Geo. M. Robeson 



Massachusetts . 

Maryland 

Maryland 

South Carolina. 
Pennsylvania .. 
Massachusetts . 

New York 

New Jersey 

North Carolina . 
New Hampshire 

New Jersey 

New York 

North Carolina. 

Virginia 

Massachusetts . 

Virginia. 

Virginia 

Massachusetts . 

Virginia 

Virginia 

North Carolina. 

Maryland 

North Carolina. 
Connecticut . . . 
Connecticut .. . 
Pennsylvania.. 
New Jersey 



May 3, 1798. 
May 21, 1798. 
July 15, 1801. 
March 7, 1809. 
January 12, 1813. 
December 19, 1814. 
November 9, 1818. 
September 16, 1823. 
March 9, 1829. 
May 23, 1831. 
June 30, 1834. 
June 25, 1838. 
March 5, 1841. 
September 13, 1841. 
July 24, 1843. 
February 15, 1844. 
March 14, 1844. 
March 10, 1845. 
September 9, 1846. 
March 8, 1849. 
July 22, 1850. 
July 22, 1852. 
March 7, 1853. 
March 6, 1857. 
March 5, 1861. 
March 5, 1869. 
June 25, 1869. 



The above dates are from the records of the Department of State. A commission was 
issued to Jacob Crowninshield, of Massachusetts, March 3, 1805, but it appears he did 
not serve, and Robert Smith continued a second term. 






GENERAL INDEX 



[The inside figures refer to sections, the outside figures to pages.] 



Abandoned Property. 

jurisdiction of Court of Claims 1059 

appropriation to return proceeds. ..3689 
collection, &c.,-of 3735 

Absence, 

without leave, from station or duty-art.? 

from command art. 9 

before acceptance of resignation . .art 10 
of member of general court-martial.ai t.46 

of marine officers 1205 

granting leave of, to sailors 1431 

from examination, when entitled. . .1502 

Absent Debtor. 
when claims of United States against, to 
have priority 34C6 

Abuse. 

of inhabitants, on shore art. 8 

of persons on vessels under convoy art 8 

Accessories, 
to murder, robberv, or piracy upon the 

high seas 5323, 5324 

punishment of .. 5533 

'• Accompanying Documents," 

editing of 75 

number of, to be printed 3798 

delivery to Congressional Printer. ..3810 

Accrued Pensions. 

who to receive, in case of death, &c 4718 
v, hen pension is unclaimed 4719 

Accrued Rights, 
not affected by Revised Statutes 5597 

Acknowledgments, 

of transfer, assignment, or power to re- 
ceive claims 3477 

authority of Court of Claims to take.1071 

Accounting Officers, (see also Account.-:.) 
not to allow, expenses of commissions, 

until. &c 3681 

shall be furnished copy of appointment 

of inspector of fuel 3712 

shall not allow account for fuel, un- 
less 3713 

may allow certain judgments against 
properly of United States 3754 

Accounts, 
by or against United States, where to be 
settled 236 

of public expenditures, to be settled 

within fiscal year 2.">0 

duty of 2d Comptroller a9 to Navy. .273 

duty of 4th Auditor as to Navy 277 

of disloyal persons, settlement of .. .3460 

reference or, to (Joint of Claims 1063 

proceedings in such cases .1064 

judgment on, how paid 1 05 

making or asing any false, by persons 

in naval service art. 14 

for expenses of refugees and freed- 

men 2034 

of freedmen's hospital 203fi 

making or asing any false 3490. 5438 

public, shall be rendered mouthlv, 

&c 3622 

of naval paymasters, on foreign sta- 
tions ..' . ....3723 

failing to render, of public moni 

ceived' ; 5491 

of lost or captured vessels 284 

of certain railroads, (see last page of in- 
dex.) 

22 N L 



Page. 

61 
12 
100 

17 

17 

17 

67 

164 

202 

231 



82 



206 
207 

234 
234 
234 

195 
195 

249 



11 
116 
116 

230 



115 
116 

41,113 

91 
57 



97 

1> 



Page. 
Accoutcrments, 

not to be sold, bartered. <fcc 3748 235 

Acting Midshipman, (see Naval Academy.) 
Acting Assistant Surgeons. 

in Navy, appointment of 1411 171 

rate of total-disability pension to.. .4095 190 

pension to dependent relative of 4710 194 

Action, 

neglecting to clear ship for art. 4 15 

Actions, 
not abated by altering terms of district 

courts 573 137 

removal of personal, from State to circuit 

court 044 145 

not abated by changing terms of circuit 

court 600 146 

for deprivation of rights 1979 36 

in cases of conspiracy to deprive, injure, 

&c, officers or persons 1980 36 

for neglect to prevent commission of un- 
lawful acts 1981 37 

Acts of Congress, 

passed subsequent to Dec. 1, 1873. ..5601 250 

Adjutant and Inspector, 

of Marine Corps, authorized 1596 162 

Advancement, 
of Navy officers for distinguished con- 
duct 1:564, 1500, 1507 161, 231 

of line officers, receiving vote of 

thanks 1508 231 

of officers of the Marine Corps. 1005-1607 103 

Advances of Money, 

by paymasters forbidden 1389 6 

to persons in the naval service . .- 150.3 7 

to disbursing officers 3f>48 7 

on contracts" 3048 7 

Advertised Letters. 

when indorsed with request to return.3939 212 

Advertisements, 

for proposals for supplies, &c 3709 56 

for naval supplies ... . 3718,3721,3724 56,57 
for naval supplies to be delivered abroad 

3723 57 

for engraving of maps, &c, to illustrate 

documents 3780 233 

to be published in papers selected by 

Clerk of House 3823, 3824 7, 8 

published in papers of District of Colum- 
bia 3826 8 

of Executive Departments 3«28 8 

of prize-sales bv United States mar- 
shal 4028 224 

Admiral, 

grade of, to cease 1302 161 

number on active list. 1303 101 

secretary to 1307 203 

pay of 1556 102 

pay of secretary to 1556 203 

Admiralty, 
law of, extended over citizens of United 

States in certain countries. . . .4086 107 

condemnations in. of property used in 

aid of rebellion. '531)9,5311 133 

Affidavits. 
making or rising false, to obtain payment 

of claim .... arts. 14, 3490.5438 17,41,113 

of homestead applicant 2290.2293 122 

of widow or heiis of homestead set- 
tler : 2291 122 

penalty for procuring, &c, false, in pen- 
sion cases 5436 113 



338 



INDEX. 



Page 

Affidavits— Continued. 
falsely making, altering, forging, &c. ; 
uttering or publishing as true any 
false 5418 1X3 

Africa, (see Slctve-Trade.) 

Agricu'tural Department, (see Department 
of Agriculture.) 

Agent", 

no officer or accent of any corporation or 

firm to act as, &c 1783 21 

to pay money on foreign stations 1550 21 

special, to disburse money 3G14 21 

public officers not to act as, for claims 

5498 42 

Agents, Diplomatic, 

shall be deemed diplomatic officers 1674 85 

Atd, or Executive, 

to commanding officers 1469, 1470 238, 239 

to commandant Marine Corps 1261 164 

Alien Convicts, 
immigration of, forbidden 126 

Alien Enemies, 
not to be admitted to citizenship . . 2171 176 

treatment and disposition of. . .4067, 4070 8, 9 

jurisdiction of courts of suits by 563, 629 136, 140 
■when allowed to prosecute claim in Court 

of Claims ....1068 63 

may be admitted citizens of the "United 

' States 2165 174 

Allegiance, 
of naturalized citizens to foreign govern- 
ments, claim of, disavowed". ..1992 33 
Allegiance, Foreign, 
to be renounced by applicants for admis- 
sion to citizenship 2165 174 

Allowances, 
for fuel, quarters, and forage — . . 1270 164 

for travel 1566 271 

to officers of Marine Corps 1612 164 

for medicines, &c 1 586 172 

for funeral expenses 1587 172 

Alloy, 

for gold and silver coins 3514 44 

Almanac, (see Nautical Almanac.) 
Ammunition, 

penalty for wasting art 8 16 

penalty for stealing, &c, art. 14 18 

Amendments, 

of appeals to Supreme Court in prize 

causes 1006 222 

in -what cases allowed to Supreme Court, 

&c 699 148 

reviewed by Supreme Court upon 702, 703 1 49 

Amendments to Constitution of JJ. S.. 
to be promulgated by Secretary of State, 

205 79 

American Citizens, 

duty of consular officers as to estates of 

' deceased 1709 86 

in foreign countries, protection of.. 2000, 

2001 34 

aliens may become 2165 174 

merchant-seamen entitled to protection 

as, when 2174 177 

passports to, how granted 4075, 4078 185 

-judicial authority of United States min- 
isters and 'consuls over. .4083-4130 107-112 
American Ephemeris, 

supervision and preparation of 436 177 

American Hemp, 

shall be preferred for Navy 3725 57 

American Manufactures, 
preference of, in purchase of sup- 
plies 3728 58 

American Seamen, 

provisions relating to 4501-4600 253-261 

American Vessels, (see Vessels, Merchant- 

Vessels.) 
Annual Reports. 

time for submitting to Congress 195 71 

when to be furnished to Printer 196 71 

Annuity, 
false personation of person entitled 

to 5435 113 

endeavoring to obtain. &c, by forged 

power of attorney - - - - 5436 113 



Page. 
Appeal, 
proceedings of district court in prize 

causes, after . . . . 565. 4637 221, 226 

in prize causes, from district courts to 

Supreme Court 695 148 

documents and evidence to be received 

in Supreme Court, in cases of . . 698 148 

to Supreme Court, without regard to 

amount 699 148 

from decrees of circuit court 692, 693 147 

from final decree of district court 704 149 

from final decree of supreme court of 

District of Columbia .... 705, 706 149 

from judgments of the Court of Claims, 

707. 708 149 

to circuit court, from decision on habeas 

corpus 763 120 

to Supreme Court, from decision of cir- 
cuit court on habeas corpus 764, 765 120 
amendments of, in prize causes. 1006, 4636 222, 226 

in prize causes 1009, 4636 222, 226 

when order of sale in prize cause not 

prevented by 4627 224 

from consul to minister, in criminal 

cases 4089 108 

in civil cases, regulation of 4107 110 

security to be given in 41 17 111 

ministers to hear and decide appeals 4091 108 

further hearing, new trials, &c 4091 108 

from consular "court in China or Japan 

to minister 4092 108 

to circuit court of California 4093 108 

from minister in China or Japan to cir- 
cuit court of California. . 4094, 4095 109 
Appraisement, 
in prize cases, where the property can- 
not be sent in 4615 222 

of property taken for use of United 

State's 4624 224 

of property delivered on stipulation . 4626 224 

Appointments, 
to fill vacancies during recess of Senate, 

1761 275 

penalty for accepting, contrary to 

taw .....1771 276 

' penalty for making, contrary to law 1772 276 
made without advice, &c, of Senate 1774 276 
Apportionment, 

of Representatives, table of 20 52 

Apprentices — Merchant-service, 

disposal of effects of deceased 4538 256 

rules of procedure 4539 256 

penalty for neglect 4540 257 

duty of consuls, <fcc 4541 257 

Ap propria tions, 

style and title of acts for 11 248 

application of, to be reported to Con- 
gress 260 5 

accounts of disbursements to be ren- 
dered according to 3623 92 

communicating estimates of. . 3660, 3672 10-11 
accounts of to be kept by register, 

<fce 3675 11 

to be expended for objects for which 

made 3678 1 1 

expenditures shall not exceed 3679 11 

for contingent, not to be used for com- 
pensation of clerks, <fcc 3682 11 

for light-houses, how long available 3685 12 

for publishing foreign hydrographic 

surveys.. ' 36S6 12 

list of permanent, (jSTavy) .3689 12 

limit as to use of balances of annual 3690 12 

disposal of balances of 3)91 12 

proceeds from certain sales, to revert 

to 3962 12 

to pay judgment against certain prop- 

'erty of United States 3754 236 

unexpended balances to be turned in. . . 13 

not to apply to permanent specific 13 

not to affect existing contracts 13 

to be reported to Congress 13 

permanent, for sick, disabled, and desti- 
tute seamen 4545 257 

for coast survey, how to be expended. 4683 42 

no part of, to be paid to certain telegraph 

companies 5266 270 



INDEX. 



339 



Appropriations— Continued, 
knowingly contracting to pay amount 
larger than specific sum appropri- 
ated, &c 5503 

not repealed by Revised Statutes. . 5596 
Arbitration, 
between citizens of United States. &c, 

an certain countries 4098 

Arms, 

stealing, embezzling, .ire art. 14 

of soldiers not to be sold. &c 374S 

Arrears, 

of pay to deceased persons 274 

no money to be paid to officers in 1766 

Arrears of Pension, 

when and bow paid 4711 

Arson. 

in forts, dock-yards, navy-yards. &C.5385 
of magazine, ship-house, vessel, naval 

stoves. &c 5386 

of vessel of war afloat 5337 

Articles for the Government of the Navy, 

provisions of 1624 

to be hung up and read art. 20 

A rrest, 

in one district for trial in another 739 

marines exempt from, for debt 1610 

punisbment in the Navy by art. 24 

duty of officers of the Navy under art. .44 

of foreign ministers. Are., void 4063, 

4064, 4065 

of alien enemies, when authorized. .4067 

when, to be made on complaint ..4069 

of foreign seamen, on application of 

consul 4080, 4081 

Artificial Limbs, 
pension to persons disabled that canuot 

use 4698 

who shall have 4737 

money-commutation for 4788 

how paid 4789 

money-compensation to those who can- 
not use 4790 

transportation to obtain 4791 

not allowed to certain pensioners, nor 

commutation for 

Assault. 

punishment for. in the Navy art. 8 

upon a public minister .' 4062 

upon hiu r b sea<. &C 5346 

Assignee, 
when liable for debts due United States. 

3467 
Assignments, 

of wages in the Navy 1576, 1429 

of claim to be null and void, un- 
less - 3477 

of disloyal contractors 3480 

of prize or bounty money 4643 

Assimilated Rank, 

to warrant-officers of the Navy 1491 

Assistant Attorney s-General, 

appointment, duties, and salaries of.. 343 
Assistant Engineers, 

number authorized 1390 

appointment and qualifications of. ..1391 

ran k of 1476 

pay of .1556 

Assistant Naval Constructors, 
appointment of cadet engineers as.. 1403 

relative lank of. en the active list ..1477 
pay of 1556 

Assistant Paymasters of tin- Navy, 

number of, on the active li.>t 1376 

appointment of, suspended 1377 

qualification-, 1379 

bonds <d 13-3 

clerks to 13-8 

relative rank of. on active list 147.7 

pay of 1556 

U Postmasters-General, 
number, appointment. &c 3-9 

A \nt Quarterma. 

of the Marine Corps, number 1596 

■ of the Interior, 

appointment ami salary of 

duties of '. 439 



Page. 



249 



18 
235 



194 



154 
163 



106 
8 
9 



191 
20 
20 
20 



16 
105 
173 



82 : 
21,262 

40 

40 
227 



98 
98 
98 
99 

179 
179 
180 

187 
187 
187 
1-7 
1-7 
188 
188 

78 

162 

73 
73 



Assistant Secretary to the President, 

salary of 155 

Assistant Secretaries of State. 

appointment and salaries of 200 

Assistant Secretaries of the Treasury, 

appointment and salaries of 234 

general duties of 245 

delegation of, to sign warrants 246 

validity of warrants signed by 247 

Assistant Surgeons, 

number of. on the active list 1368 

qualifications for appointment of. . 1370 
rank of. after delayed examination 1372 

relative rank of, on active list 1474 

pay of 1556 

qualified for promotion 1556 

Assistant Surgeons, Acting, 

appointment of 1411 

Associate Justices. 

of Supreme Court, number of 673 

order of precedence of 674 

when duties of Chief-Justice devolve 

upon 675 

salaries of 676 

Associates. Consular, 

in criminal trials 4106 

in civil cases 4107 

Asylum, (see Hospitals — Insane and Xavy.) 
Attached Property. 
claims of United States to have priori! y, 

3466 
Attachments, 
on removal of suit from State court to 

circuit court 646 

priority of debts due United States in 

cases of 3466 

of property in which United States claim 

interest 3753. 3754 

of goods or chattels of foreign minister. 

void 4 63 

penalty for suing out process 4064 

provisions not applicable to ministers 

servants, fcc 4065 

pensions not liable to 4747 

Attorney-General, 
to furnish professional service to Depart- 
ments 1-7 

to be head of Department of Justice 346 
in case of vacancy, by whom duties per- 
formed 347 

to have control of solicitors. &c 350 

to give advice on questions of law to the 

President 354 

land for public buildings, <fcc, opinion of, 

required 355 

opinion of, may be required bj- heads of 

Departments 356 

questions in administration of Xavy De- 
partment to be sent to 357 

what questions submitted to, may be re- 
referred by. to subordinates.. 353 

argument of cases by. <fcc 359 

may require general services from so- 
licitors. &c 360 

officers of the office of the, to perform 
legal services for other Depart- 
ments 361 

to superintend district attorneys and 

marshals '. . . .Mr2 

to retain counsel to aid district attor- 
neys 363 

to provide counsel upon application of 

Departments or Bureaus 364 

counsel fees allowed on certificate of 365 
to issue commissions to counsel specially 

retained 366 

may send officers of the Department to 

attend to suits. &c 367 

traveling-expenses to officers detailed by, 

to attend suits 370 

publication, &c, of opinions by 3-3 

to defend actions against members of 

Congress 

toinstitutc proceedings of condemnation 
in cases of seized property ...5311 
Attorneys of Untied States, (see District At- 
torneys.) 



Page. 
213 



171 
171 
171 
171 
171 
172 



146 
146 



146 
146 



110 
110 



145 

82 

236 

106 
106 

106 

198 



74 
181 



340 



INDEX. 



Page. 
Attorneys, 
not to be employed by beads of Depart- 
ments 189 21 

prosecuting claims before Departments 

to take oath 3478, 3479 40 

Government officers not to act as. . .5498 42 

Attorney of Pensioner, 
to take oath tbat be has no interest, 

&c 4745 198 

agreement and fees of 4768 199 

pension-agent to forward fee to 4769 199 

fees of , limited, &c 4785 200 

to hie with Commissioner duplicate arti- 
cles of agreement, <fcc 4786 201 

Auction at the Mast, 

of effects of deceased seamen 4538 256 

Auctioneer. 

in prize sales 4628 224 

to collect and deposit proceeds 46-28 224 

commissions allowed to 4650 228 

Auditors, 

duties of 277 6 

method of keeping accounts of Navy De- 
partment ... 283 6 

to report to Secretary of Navy 283 6 

empowered to administer oaths 297 6 

reference of accounts to Court of Claims, 

upon certificate of 1063 62 

proceedings in cases so referred.. 1064 62 
duties of, as to balances of appropria- 
tions 3691 12 



Bad-Conduct Discharge, 

by sentence of court-martial . . art. 30 66 

Baggage, 

allowance in Navy for transporting 1566 271 

Bail, 
security for entering special, in case of 

removal of suit 639 142 

given in State court, to continue in force 
on removal into circuit court, &c, 

641 143 

on removal of suits against officers or 

others 643 144 

in suits for making false claims 3492 41 

Bail-Bonds, 

in consular courts 4117 111 

Balances of Appropriations, 

limit as to use of 3690 12 

disposal of 3691 12 

unexpended, disposition of 13 

.'Ballots, 

votes by, for Representatives 27 52 

.Battle, 

neglecting duties in time of art. 4 15 

Betrayal of Trust, 

punishment for, in the Navy art. 4 15 

for enticing others to arts. 4, 5 15, 16 

.Beacons, 

none to be erected upon any site until 

cession of jurisdiction .... 4661 15S 
when cession of jurisdiction deemed suf- 
ficient 4662 1 58 

preliminary surveys for 4663 1 58 

materials for construction or repair 

of 4666 158 

■Beef, 

part of Navy ration 1 580 239 

fresh or preserved, may be substituted 

for salt .1581 240 

Bids. 

publication of proposals for 3828 8 

for furnishing supplies to be advertised 

for 3709 56 

■ opening and record of 3710 56 

for contracts for light-house service 4665 158 
falsely making, altering, forging, &c, 

5418,5479 113,114 
'Biennial Examinations. (Pensions.) 

medical evidence must be furnished by 

pensioners 4719 195 

of invalid pensioners 4771, 4773 199-200 

■■ Commissioner may require more fre- 
quent examinations 4772 200 



Biennial Lists, 
of officers and employ6s to be filed in 

Interior Department 198 

Biennial Register, 

by whom to be compiled, &c 510 

distribution of 511 

number of, to be printed and bound 

Bills, Congressional, 

number of, to be printed, &c 3791 

motions to print extra copies of 3793 

Bills of Exchange, 

return of premiums required 3652 

Binding, 

estimates of material and requisitions 

for 3783 

what not to be done at Government 

Printing-Office 3785 

what to be done at Government Printing- 
office 3786 

on whose order for the Departments -3789 

form of, for Departments 3790 

Boatswains in the Navy, 

number and appointment of 1405 

to be known as warrant officers 1406 

assimilated rank to 1491 

pay of 1556 

Bonds, 
of officers of the Pay Corps of the 

Navy 1383 

when new bond to be given by . . .1384 

new commissions not to affect 1385 

naval store-keepers on foreign sta- 
tions 1439 

commencement of pay of officers who 

give . ." 1560 

of disbursing agents abroad 3614 

Books, 

to be third-class mail-matter 3878 

published, &c, by Congress, weight of, 

in mail 3? 79 

obscene, &c, not mailable 3893 

Bounty, 
commanding officers to discourage sale 

of 1430 

upon enlistment in the Navy 1569 

to marines for re-enlisting 1612 

due colored soldiers and sailors 2032 

appropriation to pay 

for vessels of enemy destroyed 4635 

awarded to vessels, how distributed 4642 
assignments of naval, void unless at- 
tested 4643 

to colored soldiers enrolled as slaves 4723 
for negroes taken from slave-ships. .5562 
Bounty- Eund, 
retained, of certain colored soldiers 2035 

investment of, &c 2036 

Bounty-Lands, 
warrants for and locations of, maybe as- 
signed ...... 2414 

warrants for, may be located, &c 2415 

claims for, by virtue of certain acts, how 

located 2416, 2417 

for soldiers of certain wars or their wid- 
ows, &c 2418 

forty acres, for certain soldiers 2419 

for militia and volunteers serving be- 
tween 1812 and 1852 1.2420 

exceptions from foregoing 2421 

time soldiers held as prisoners of war 

counted as time of service 2422 

warrant and patent for 2423 

warrant to issue to widow 2424 

marriage of widow not to impair right 

2424 
additional bounty to certain officers, sol- 
diers, &c. 2425 

classes embraced in preceding sec- 
tion 2426 

classes embraced without regard to 

length of service 2427 

widows and children, when entitled 

2428 

subsequent marriage not to impair 

her rights 24 29 

who considered minors 2430 

proof of service, how made 2431 



Page. 



21 

22 
22 

233 
233 

33 



233 

233 
233 
233 

285 
285 
285 

285 



187 
187 
187 

35 

186 
21 

208 

208 
209 



164 
22 
26 

226 

227 

227 
196 
267 

115 
115 



INDEX. 



341 



Page. 
Bounty-Lands — Continued. 

former evidence of right to 2432 25 

additional evidence may be required 

•2432 25 

allowance of time to place of muster or 

discharge 2433 25 

deserters not entitled to 2458 25 

patent, when warrant is lost 2439 25 

omissions in discharge provided for 

2440 25 

new warrants in place of lost 2441 20 

fee for prosecuting claim for 4785 200 

filing of agreement for prosecuting 

" claim . 4786 201 

demanding greater compensation than 

allowed by law 5485 201 

wrongfullv withholding land-warrant 

for. 5485 201 

Boys. 

in the Navy, enlistment of 1418 261 

Branding, 

in the Navy forbidden art. 49 67 

Bread. 

for the Navy 3727 58 

Brevet, 

to officers of the Marine Corps : 1604 163 

Bribery. 

of member of Congress 5450 27 

of officer of United States, &c 5451 27 

by member of Congress 5500 27 

by officer of United States 5501 28 

forfeiture of, and disqualification for, 

office 5502 28 

Bulbs, 

third-class mail-matter 3878 208 

Bullion. 

conveyance of, in vessels 4204 280 

Bunting, 

purchases of. for Navy 3721 57 

of American manufacture, in open 

market 3729 58 

Buoys, 
materials for construction or repair of, 

4666 158 

on coasts bays. &c., to be colored and 

numbered 4678 159 

Bureaus of Navy Department, 

establishment and Dames of 419 77 

to have custody of certain books, &C.420 77 

chiefs of. how appointed 421 77 

who eligible for - 421-426 77 

estimates for. to be furnised to Secre- 
tary 430 9 

staff officers who have been chiefs of. ex- 
empt from sea-duty 1436 78 

title and relative rank of chiefs of.. 1471 78 

relative rank of chief of, when below 

rank of commodore 1472 7H 

rank of officers retired from chief of. 1473 78 

pay of chiefs of. 1565 78 

appropriations for, to be kept separate, 

fee. 3676 11 

Butter for Navy, 
not subject to provisions as to adver- 
tising, &c 3721 57 

contracts for, may be for periods longer 

than one year. 3721 57 

may be in such manner as Secretary 

deems proper 3726 58 



Cadet Engineers, 
appointment of, as second assistant en- 
gineers 13!)4 99 

appointment of. as assistant construct- 
ors 1403 179 

formation of cla-s at Naval Academy. 1522 99 

appointment of ..1523 99 

course of studies. 1524 ' 9 

examination of 1525 100 

pay of 1556 100 

Cadet Midshipman, (see also Naval A'-'i<!f<i,y,) 
students at Naval Academy to be styled, 

1512 177 

number allowed 1513 l*<7 

Appointed contrary to law, not to be 

paid 1518 178 



Cadrt Midshipmen-- Continued. 

found deficient at examination 1519 

academic course of 1520 

promotion of. graduated 1521 

education of, as constructors and engi- 
neers 1522 

pay of 1556 

Capital Offense, (see Consular Courts,) 
trial for, by diplomatic officers in certain 

countries 4090 

Capital Punishment, 
in certain countries, for what offenses cit- 
izens of the United States subject 

to 4102 

sentence of, how awarded 4 102 

warrant for, how issued 4 103 

postponement of, by minister 4103 

in the Navy art. 4 

Captains in the Navy, 

number of, on active list 1363 

pay of 1556 

Captors, 

of prizes proper, shares of 4630 

how distributed 4631 

doing any act with intent to defraud or 

" delay, &c 5441 

Captures, 
jurisdiction of Court of Claims over cer- 
tain . . 1059 

punishment for failing in exertion to 

make art. 4 

as prize, provisions concerning. 4613-4652 
of property employed in aid of insurrec- 
tion '. 5308 

on account of use, &c, in aid of rebel- 
lion 5309,5311 

doing any act with intent to defraud, &c, 
'" United States or any captor.. . .5441 
Captured and Abandoned Property, 

contracts for collection of 3755 

prohibition upon trade in 5313 

appropriation for moiety of proceeds 

of 3689 

Carpenters in tlie Navy, 

number and appointment of 1 405 

to be known as warrant-officers 1406 

assimilated rank to .1 491 

pay of 1556 

Cemeteries, National, 

burial of soldiers and sailors in 4878 

Centennial Exhibition, 

acts in relation to 

Certificate of Disability, 

in case of invalid pensioners 4771 

of two unappointed surgeons not to be 

taken, except 4773 

Certificates, 
making, using, &c, of false, to obtain 
approval, &c, of claims.art. 14, 5421 
making, using, by persons not in naval 
service, of any false, to obtain ap- 
proval, &c., of claims 3490 

having in possession any false, &c, with 

intent to defraud United States 5422 

delivery of less money or property than 

described in 5 138 

giving, for public property with intent 

to defraud 5438 

Certified Copies, (see Evid.7ice.) 
Certified Balances, 

provisions concerning 191 

Challenges, 

punishment for sending art. 8 

Chaplains, 

number and appointment of 1395 

qualifications for appointment 1396 

form of conducting worship by 1397 

report of services performed by. ...1398 
relative rank of. on tiie active list.. 1479 

pay of 1556 

Charges, 

copy of, to be furnished to accused art. 43 
Charts, 

disposal of Coast-Survey 4691 

preparation of, at Hydrographic Of- 
fice 432 

sale of, by Hydrographic Office 433 



Page. 

178 
178 
178 

178 
179 



108 



109 
109 
109 
109 



161 

162 

225 
225 

229 

61 

15 
222-223 

133 

133 

114 

160 
134 

12 

235 
235 
285 
285 

28 

29,30 

199 

200 

17, 113 

41 
113 
113 
113 



124 
124 



342 



INDEX. 



Page. 
Checks, 
allowance, when disbursing-officer is 

dead 300 31 

outstanding three years 306 31 

payment of outstanding 308 32 

duplicates of lost 3646, 3647 32 

Cheese, for Navy, 

purchase. &c , of 3721, 3726 57, 58 

Chief Clerks in Departments, 

dutiesof 173,174 70 

Chief Constructor, 
Chief of Bureau of Construction and Re- 
pair to have title of 1471 78 

Chief Engineers, Navy, 

number and rank of 1390 98 

relative rank of, on the active list. .1476 98 

pay of 1556 99 

Chief -Justice of the United States, 

allotment of, to circuit 606 138 

how often to attend circuit court 610 139 

exercise of powers, &c, in the circuit of 

another 618 139 

when duties, &c, devolve on associate 

justice 675 146 

salary of 676 146 

Children, (see Pensions,) 
of citizens, born out of United States, 

citizenship of 1993 33 

of deceased alien declarants of intention, 

citizenship of 2168 176 

of naturalized persons, citizenship of, 

2172 176 
of citizens, born out of United States, cit- 
izenship of 2172 176 

of colored soldiers, who deemed to be. 2037 116 
of piivateersmen, money pledged for sup- 
port of ....'. 4759 203 

China, 
subjects of, not to be transported as 

coolies 2158-2161 125 

voluntary emigration not impeded.. 2162 125 
judicial authority of minister and con- 
suls in .4083-4109 107 

Christmas Day, 

holiday, in District of Columbia 121 

Circuit < ourt, 

organization of, &c 605-618 138 

jurisdiction of 629-660 140 

Citizens of the United States. 
officers of vessels of the Navy to be 1428 283 

dying abroad, duty of consular officers 

as to estate of 1709-1711 86 

notice of death to be published, &e., 1710 86 
equal rights of, in States and Territo- 
ries 1977 36 

equality of property-rights of, in States 

and Territories . .'. 1978 36 

action for deprivation of any right, &c , 

1979,1980 36 
what persons declared to be . . . 1992-1995 33 
deserters to forfeit rights of.. 1996-1998 33 
claim of foreign allegiance of natural- 
ized, &c, disavowed 1999 33 

protection to naturalized, in foreign 

states 2000 34 

unjustly imprisoned by foreign govern- 
ments .' 2001 34 

right of all, to vote in any State or Terri- 
tory, withour distinction, &c 2,004 95 

not to transport coolies, &c 2158-2163 125 

aliens may become 2165 174 

may acquire homesteads 2289 1 2 L 

passports to be granted, &c, only to . 4076 185 

penalty for granting, to others 4078 185 

arrested as foreign seamen, discharge 

of 4081 89 

officers of vessels of United States must 

be 4131 277 

vessels of United States must be owned 

by 4331 277 

usually residing abroad, registry of ves- 
sels owned by, when ." '. ... 4 1 33 277 

hindering, <fcc, from voting or qualify- 
ing to vote 5506 95 

conspiring to injure, intimidate, &.c. in 
the exercise of lights or privi- 
leges , 5508 95 



Page. 
Citizens of the United States — Continued, 
other offenses committed in act of con- 
spiring, &c, as above 5509 95 

Cit zenship, 
of persons born in the United States.1992 33 

of children of citizens born abroad 1993 33 

of women married to citizens 1994 33 

of persons born in Oregon Territory 1995 33 

forfeiture of rights of, by deserters, 

1996, 1998 33 

for avoiding any draft .1 998 33 

right of expatriation affirmed. 1999 33 

claims of foreign allegiance disavowed, 

1999 33 
protection to naturalized citizens in for- 
eign countries 2000 34 

violation of lights of American, by for- 
eign governments . . ...'.2001 34 
certain deserters relieA r ed of disabilities 

from loss of 4749 84 

selling or disposing of certificates of 5424 34 
using, &c, forged or fraudulent certifi- 
cates of, &c 5425 34 

denial of admission to 5425 34 

unlawfully using certificates of at elec- 
tions , 5426 34 

falsely claiming, for any fraudulent pur- 

'pose ' 5428 35 

provisions of sections 5424-5428, when 

applicable 5429 35 

Civil Engineers, 

appointed of, at navy-yards 1413 35 

relative rank of ..'. 1478 35 

pay of 1556 35 

Civil Rights, (see Elective Franchise.) 

jurisdiction of district courts 563 136 

jurisdiction of circuit courts 629 140 

removal from State to circuit court of 

suits 641 143 

writ of habeas corpus in cases of . . . 642 144 
final judgments or decrees in suits on ac- 
count of deprivation of 699 148 

equal rights of all persons within juris- 
diction of United States ...... 1977 36 

property-rights of citizens, equality of, 

'1978 36 

deprivation of rights undercolor of State 

laws 1979 36 

conspiring, &c, to prevent holding office, 

&c 1980 36 

damages to party injured, &c 1981 37 

employment of inilitarv or naval forces 

to execute process, &c . . 1989, 5299 37-131 
holding persons in peonage prohibited, 

&c 1990 37 

duty of persons in military or civil serv- 
ice in New Mexico . ! 1991 37 

execution of treaty provisions respect- 
ing, in China, Japan, &c 4085 107 

in uncivilized countries, powers of con- 
sular officers concerning 4088 108 

protection of citizens in the equal enjoy- 
ment of inns, &c 38 

penalty for denying same 38 

process for recovery 38 

jurisdiction of court '. . 38 

duty of district attorneys 38 

penalty for failure in duty 38 

no exclusion on jury .' 33 

review in Supreme Court 39 

conspiring to injure, oppress, intimi- 
date, &c, any citizen in free exer- 
cise of 5508 95 

penalty for other offenses committed in 

act of injuring as above 5509 95 

deprivation of any rights, privileges, 
&c, on account of being an alien, 
or on account of color or race. 55 10 95 
obstructing officer charged with execu- 
tion of process 5516 37 

marshal refusing to execute warrant 5517 38 
conspiracy to deprive any one of the pro- 
tection of the laws 5519 135 

Civil Service, 

regulations for appointment in 1753 39 

persons honorably discharged preferred 

for appointment in 1754 39 



INDEX. 



43 



Page. 
Cl r H Surgeons, 

biennial examinations by 4773 200 

may be appointed examining sur- 
geons 4777 200 

GMm-Agents, 
no fees to, for application for arrears of 

pension 4711 194 

to take oath of allegiance 3473 40 

Claim*. 
subpoenas to witnesses on claims pend- 
ing 1 »?4 39 

fees..T 185 40 

compelling testimony 186 40 

procurement by department of profes- 
sional assistance 187 40 

restriction on former employes in pros- 
ecuting 190 40 

assignment of 3477 40 

oath to be taken by persons prosecut- 
ing ' 3478,3479 40 

Claims against United States, (see Court of 
Claims,) 

where settled 236 "5 

jurisdiction of district courts to recover 
for presenting. &c, false or fraud- 
ulent 563 136 

using false receipts, vouchers. &c, to 

obtain approval of art. 14 17 

penalty for allowing salary of civil offi- 
cer suspended, &c 1762 275 

members of Congress and public officers 
not to prosecute or receive com- 
pensation for services relating 

to 1782-5498 27-42 

due colored soldiers and sailors 2032 22 

transfer. &c, null and void, unless .3477 40 

persons prosecuting, before Departments 

must take oath 3478, 3479 40 

of disloyal claimants not to be paid. 3480 40 

taking away papers to use in procuring 
making or using false receipt. voucher, cfcc 

in obtaining approval of .3490-5498 41,42 

payment of . 5454 41 

Clear for Action. 

punishment for neglecting to art. 4 15 

Clemency. 

recommendation to art. 51 68 

Clerks in Departments, 

appointment, employment of, etc. 161, 194 69-71 
Clerks at Navy-Yards, 

authority to discontinue 1416 181, 263 

Clerl:--- to Paymasters. 

when allowed.... 1386, 1387, 1388 187,188.263,264 
Clotftinn. (Navy,) 
for students at Naval Academy 1527 179 

{iroceeds of sale of condemned 3618 253 
ost in Navy, appropriation for. 3689 12 

contracts for 3718.3722 56,57 

purchases, <fcc. not to exceed necessities 

of year 3732 58 

Coal and Wood. 
for Government use in District of Colum- 
bia 3711,3713 116 

Coal- Depots. 
establishment of. for the Navy, (see end 

of index) 1552 

Ooal- Heavers. 

pay of. in the Navy, how fixed 1569 262 

additional to seamen, &c., doing duty 

as ..1570 262 

Coffee, 

part of Navy ration 1580 239 

substitution of extract for 1581 240 

additional ration of 1584 240 

Ooast- Survey, 

annual report regarding 264 42 

survey of coasts of United States to lie 
made within twenty leagues, &c, 

4681 42 

banks and shoals beyond twenty leagues, 

<fe<\. to be examined ........ 4682 42 

appropriations for Coast-Survey to be ex- 
pended according 10 plan, &c 1683 42 
officers of A rni v ami Navy to be employed 

in 4ii-l 42 

use of maps, books, apparatus, &c.; em- 

ploymentof astronomers, &C..4685 43 



Tage. 
Const Survey — Continued, 
use of publicvessels in actual service.4686 43 

officers of Army and Navy to be employ- 
ed in. as far as practicable . . .4687 43 
subsistence of officers and men of Army 

and Navy employed on 4f>ss 43 

salary of Superintendent of 4689 43 

report of. to Congress 4690 43 

disposal of maps and charts of 4691 43 

Coin. 
counterfeiting. &c., gold and silver 5457 47 

making, eve, imitations of .5458 47 

defacing, mutilating, &c 5459 47 

debasement, &c, of 5^60 47 

embezzlement of, by officers, &c 5460 47 

Coins. 
making, without authority, goldorsilver, 

5461 48 

making, without authority, any. &c, to 

be used as money, dice 5462 48 

denomination, weight, &C.3511, 3513-3515 43, 44 

certain abraded, to be recoiued 3512 44 

denominations not to be issued 3516 44 

devices and legends on 3517 44 

deviations allowed in 3535, 3537 44 

twenty-cent piece authorized 48 

Collisions, 

rules to prevent 4233 48 

Color, 
no denial of elective franchise on ac- 
count of 1860 95 

all citizens to have right to vote without 

distinction of 2004 95 

Colored Soldiers and Sailors. 
laws as to payment to. of bounty, prize- 
money, &c, made permanent 2032 115 

bounty to, appropriation for 26 

evidence of marriage in case of, under 

pension-laws 4705 192 

enrolled as slaves to have pension. .4723 196 

retained bounty-fund of certain. 2035, 2036 115 

wives and children of, who deemed to be, 

2037 116 

Colors, 
taken by Xavy from enemies, disposition 

of 1554 105 

preservation and display of 1555 105 

Combination, 
to weaken lawful authority of command- 
ing officer art. 8 16 

Com m ancta n ts of Xavy- Yards, 

selection of..* 1542 181 

Commanders, (Navy,) 

number of, on active list 1363 161 

pay of 1556 162 

may command navy-yards 1542 181 

may be assigned to command of a squad- 

ron 1434 161 

Commanding Officers of the Navy, 
to send home "men at expiration of enlist- 
ment 1422 261 

to forward list of men entitled to honora- 
ble discharge 1429 262 

to discourage sale, by crew, of prize- 
bounty and wages 1430 262 

in grantingleave to favor the faithful and 

obedient 1431 262 

not required to perform duties of pay- 
master 1432 188 

authorized to exercise consular powers, 

1433 85 

precedence of. over officers under their 

command 1 468 238 

aid or executive to 1469 238 

duty of example, supervision, and cor- 
rection ait. 1 14 

to forward list of persons entitled to 

prize-money art. 15 229 

to make entry on ship's books of men 

received art. 20 18 

to transmit list of crew, officers, and pas- 
sengers art . -JO 18 

To note deaths and desertions ... art. -JO 18 

to secure property of persons dy- 
ing . ait. 20 18 

not to receive men without transfer-ac- 
count art. 2u 18 



344 



INDEX. 



Page. 
Commanding Officers of the Navy — Continued. 
to furnish men sent from ship with their 

accounts art. 20 18 

to cause frequent inspections of provi- 
sions art. 20 18 

to use means to preserve health of ship's 

crew art. 20 18 

to attend paying off of crew art. 20 19 

to hang up and have read articles gov- 
erning the Navy art. 20 19 

punishment of , for neglecting duties pre- 
scribed by art. 20 art. 20 19 

what punishments may he inflicted 

by art. 24 ■ 19 

punishments bv, to be entered on ship's 

log art. 24 19 

of vessel taking prize, duties of 4G15 222 

to make claim for share in prize 4616 222 

share in prize-money 4631 225 

not entitled in certain cases 4633 226 

Commercial Agents, (see Consuls.) 
Commercial Intercourse, 
between States in insurrection, &c 5301 132 
in parts of State not declared to be in in- 
surrection 5302 132 

suspension of, between States in cases 

of insurrection 5303 132 

with part of State in insurrection. . . 5304 132 

Commissioner of Agriculture, 

appointment and salary of 521 72 

to appoint chief clerk and certain scien- 
tific persons 523 72 

chief clerk to act in absence of 523 72 

to have custody of property, records, 

&c, of Department 525 72 

duties of 526 72 

what seeds, plants, &c, may he pur- 
chased hy • . .527 72 

Commissioner of Pensions, (see Pensions.) 
Commissioners, Diplomatic, 

shall be deemed diplomatic officers. .1674 85 

Commissioners of Court of Claims, 

power to appoint 1070 63 

examination of claimant before 1080 64 

Commissioners, Prize, (see Prize Commis- 
sioners.) 
Commissions and Inquiries, 

expenses of, not to be paid until, &c .3681 11 

Commissions, Official, 
delivery, after adjournment of Senate, to 
officers appointed by advice, &c, of 1773 276 

Commodores, 

number of, on active list 1363 161 

examination of, before promotion . . 1497 230 

pay of 1556 162 

Commutation, 

of Navy ration, price ,1585 240 

Co-operation, 

of Navy and Marine Corps with Army 1135 60 
Compensation, (see Pay.) 
for extra services not allowed unless ex- 
pressly authorized 1764 104 

none to persons in arrears ,. . . 1766 13 

estimates for, shall be founded on express 

provisions of law 3662 10 

not to be paid from contigent, &c, appro- 
priations 3682 11 

in prize-cases, allowance of, to clerk of 

district court 4644 227 

to district attorney and prize-commis- 
sioner 4646 228 

maximum, to he allowed 4647 228 

of special counsel in prize-cases 4648 228 

Comptroller of the Treasury. 
reference of certain accounts to Court of 

Claims 1063 62 

proceedings in such cases 1064 62 

to institute suits against persons account- 
able for public moneys 3624 92 

to certify to Solicitor the accounts of 

delinquent officers 3625,3633 93,94 

duties and powers of Second 273, 283 6 

certificates as to balances 191 5 

to regulate payment of arrears of pay . 274 13 
Condemned Clothing, 
proceeds of sale of certain, not to be cov- 
ered into Treasury 3618 253 



Page. 
Condemned Stores, 

disposal of proceeds of 3692 12 

• proceeds of, shall be deposited in Treas- 
ury, &c 3618 253 

statement of proceeds of, in Book of Es- 
timates 3672 11 

Confinement, 

punishment by commanding officer art 24 19 

by officers temporarily commanding.. 25 19 

by summary court-martial art. 30 65 

Confiscation, 

of property taken as prize, &c, on ac- 
count of use, &c, in aid of insur- 
rection 5308, 5309, 5311 ' 133 

Congress, 

election of Senators 14-19 51 

apportionment of Representatives 20-27 52 

when and how place of meeting may be 

changed 34 54 

count of electoral votes hy 142 217 

testimony before not to be used in crim- 
inal proceedings, &c 859 54 

engravings, &c, for documents ordered 

by 3779 233 

regular number of hills, &c, to be printed 

for 3791 233 

" usual number "of documents ordered by, 

to be printed 3792 233 

motion to print extra copies, how re- 
ferred 3793 233 

House first ordering printing to notify 

the other 3794 233 

propositions to print extra copies, &c.,3795 233 

number to be printed for use of, of cer- 
tain documents 3798 234 

hribery of any member of 54.">0 27 

of any officer of 5451 27 

acceptance of bribe hy member of .5500 27 

forfeiture of, and disqualification for of- 
fice 5502 28 

fraudulent voting for members of . .5511 53 

Congressioyial Directory, 

compilation of 77 55 

when to be printed and ready for distri- 
bution 3801 55 

Congressional Investigations, 

witnesses in, by whom sworn 101 54 

refusing to testify, penalty 102 54 

when not privileged 103 54 

proceedings against witnesses refusing 

to testify in 104 54 

Congressional Printer, 

to procure engravings. &c, for maps, 

&c 37.79, 3780 233 

to be accountahle for material 3783 233 

to determine form and style of printing 
and binding, &c, for the Depart- 
ments 3790 233 

to print copies of documents in addition 

to "usual number " 3796 233 

to keep an account with each Depart- 
ment of printing, &c 3802 . 234 

how to furnish extra copies of documents 

to private persons 3809 234 

when to deliver to Congress annual re- 
ports, President's "message, &c, 

3810 234 

hooks and documents,to deliver, to Secre- 
tary of the Interior 3813 234 

to render quarterly accounts to Secretarv 

of the Treasury 3815 235 

election and title of 235 

number of Department reports to print. . 235 

Congressional Record, 

may be franked 211 

Conspiracy, 

jurisdiction of district courts in suits 
for injuries by, against civil 
rights 563 136 

jurisdiction of circuit corrrts of suits on 

account of injuries from , 629 140 

final judgments or decrees of circuit 

courts in suits on account of 699 148 

against the civil rights of citizens, action 

. for 1980 36 

for neglect to prevent commission of 

wrongful acts 1981 37 



INDEX. 



345 



Co n sp I ra cy — C ontinued. 

to be suppressed by use of laud and naval 
forces 5299 

to deter party or witness from attending 
or testifying in court of United 
States 5406 

to impede. &c, the due course of justice. 
fee 54W 

to hinder any citizen from voting 5506 

to injure, oppress, intimidate. &c., any 
citizen in free exercise of rights or 
privileges. Ac 5508 

punishment of offenses committed in act 
of 5509 

to prevent any person from accepting or 
holding office 5518 

to deprive any person or class of persons 
of equal protection of laws. &C.5519 

to prevent election of electors of Presi- 
dent. &.C., or of member of Con- 
gress 5520 

bv persons in naval service to defraud, 
art. 14 

to defraud United States by false or 
fraudulent claims 3490 

by any person, punishment for 5433 

to overthrow Government of or lew war 
against United States 5336 

all parties to a. equally guilty 5440 

Constitution of tlie Cnltect States, 

oath of Government officers to support 
the 1756 

deprivation of rights secured by . . 1979 

aliens applying for admission to citizen- 
ship to make oath to support. .2165 
Construction and Repair Bureau, 

chief clerk and draughtsman of 416 

establishment of 419 

appointment of Chief of 421-4^3 

relative rank and title of Chief 1471 

of retired Chief 1473 

Consular Agents, 

title, what to denote, &.c 1674 

Consular Courts. 

judicial authority vested in ministers and 
consuls to certain countries... 40K3 

criminal jurisdiction, scope of. A:c..4084 

civil jurisdiction in execution of treaty 
provisions, &c. 4085 

jurisdiction, civil and criminal, how ex- 
ercised and enforced 4086 

consuls warrant for arrest of offenders, 
when to issue, &c 4087 

civil and criminal jurisdiction of consuls 
Arc. in uncivilized countries. .4088 

consul's decision in criminal cases 4089 

capital cases, for murder, insurrection, 
&C . trial of. by ministers 4090 

enlistment. Arc. of citizens of United 
States, prevention of, bv minis- 
ters .'... 4090 

ministers to hear and decide civil and 
criminal cases on appeal 4Q91 

appeals in civil cases from consular 

courts to minister, when 4092 

to circuit court of California .. ..4093 
from minister to circuit court of Cali- 
fornia in civil cases 4i)!>4 

in criminal cases 4095 

evidence in consular courts, how taken, 

Ac 4097 

settlement of civil cases by agreement 

or reference. 4098 

settlement of minor criminal cases 4099 
aid of local authorities may he in- 
voked 4100 

authority of ministers and consuls to 
perform all necessary acts ...4100 
punishmentof crime, methods of, &c 4101 
insurrection, rebellion, ail murder pun- 
ishable with deatU 4102 

warrant for execution of criminals. 
Ac 4103 

punishment by consuls for contempt 4io4 
final decisions by consul alone . 4105 

with consul in criminal trials. 
&c 4106 



Page. 



135 



135 
95 



95 

95 
135 
135 

53 

17 

41 
113 

273 
114 



184 
36 



174 



107 
107 

107 

107 

108 

108 

108 

103 

108 

108 

108 
108 

109 
109 

109 

109 

109 

109 

109 
109 

109 

109 
110 
110 

110 



Page. 
Consular Courts— Continued. 

jurisdiction. &c, in trial of civil 

cases 4107 110 

jurisdiction of ministers, in what places 

exercised, &c 4108-4109 no 

responsibility of ministers and consuls 

as judicial officers 4110 no 

their liability as public officers.. 4110 110 

marshals of consular courts, number, 

appointment of, &c 4111 110 

execution and return of process .4112 110 

provisions of Title extended to certain 

countries 4125-4129 111,112 

judicial duties of ministers to devolve 

upon Secretary of State, when 4123 112 

words •minister" and "consul" to in- 
clude what officers 4130 112 

Consular Officers, 

may receive protests or declarations 1707 86 

shall keep record of seamen, vessels, 

&c 1708 86 

estates of deceased Americans, duty of, 

as to .1709 86 

shall publish, Arc, notice of decease of 

Americans 1710 86 

duty of, when American citizen, dying 

abroad, leaves will. Arc 17 11 86 

shall be paid legal fees ; liability of mas- 
ters, fciCfor 1718 87 

shall not receive fees, &c, from extra 

wages, &c, of seamen 1719 87 

penalty for exacting excessive fees 1723 87 

not to perform diplomatic functions, un- 
less, A:c 1738 88 

pay when performing 1739 88 

may take depositions, &c 1750 83 

prohibition as to correspondence bv, ex- 
cept, &c ..... . '. 1751 88 

marriages in presence of, in foreign 

countries 4032 89 

judicial authority of, in certain coun- 
tries ' 4083 107 

duty of, respecting effects, &c, of de- 
ceased seamen 4539-4541 256 

seamen's wages paid by direction of, to 

. be in gold 4543 257 

shall cause survey of vessels on proper 

complaint 4559 257 

approval by. of report of survey of ves- 
sel on complaint of crew . . 4560 257 

when, may discharge crew with extra 

wages 4561 258 

shall certify charges for survey, Arc 4562 253 

when, shall inspect provisions, &c, on 

merchant-vessels 4565 253 

when complaint reported by, to be false,- 

penalty 4566 253 

may demand crew-list and shipping- 
articles of vessels 4575 282 

allowance of time in reaching or return- 
ing from post 90 

vice-consuls acting as consuls, pay, &c. 90 

absent without permission. 90 

correspondence of, restricted 90 

not to ask presents or office 90 

shall provide for return to the United 

States of destitute seamen 4577 259 

inay require masters of vessels to carry 

destitute seamen 4573 259 

destitute seamen at ports where there is 

no consular officer 4579 259 

when may discharge seamen and require 

extra wages 4580 259 

penalty of neglect of, to require extra 

wages of seamen 4581 259 

extra wages of seamen to be paid to. on 

sale of vessel 4582 259 

when may remit extra wages 4583 259 

how to dispose of extra wages of sea- 
men 4584 260 

reclamation of deserters. &:c, by.. .4600 260 

Consular Service. 

officers of the Navy accepting appoint- 
ments in 1440 85 

"Consul" 

meaning of word, in Title FOREIGN Bit- 

LATIONS 4130 112 



346 



INDEX 



Page. 
Consuls, (see Consular Officers and Consu- 
lar Court.) 
Consuls-General, (see Consular Officers,) 
Contagious Disease, 
public offices at seat of Government may 

be removed in case of 4798 238 

Contempt, 
treating superior officers with,.. art. 8 16 
power of United States courts to pun- 
ish 725 153 

of Court of Claims to punish 1070 63 

of Navy courts-martial to punish, art. 42 67 

of consular court, limit to punishment 

for 4104 110 

Contingent Fund, 

furnishing estimates for . . . •. 430 9 

annual report of expenditure of 193 55 

shall not. be used for compensation of 

clerks, &c 3682 55 

restriction as to use of. 3683 55 

expenditure from, for newspapers . . 1779 55 

failure to make return of expenditure 

of 1780 55 

Contraband of War, 
may be purchased without advertising, 

&c 3721 57 

Contracts, 
members of Congress and public officers 
not to accept consideration for pro- 
curing 1781 26 

not to receive compensation for services 

relating to 1782, 3742 27, 59 

limits as to payment on 3648 56 

provisions relating to public. . . 3709-3747 56-60 
for supplies shall be made after adver- 
tising 3709 56 

when reservations on, may be relin- 
quished 3730 58 

not to be made in excess of appropria- 
tions 3679, 3732 11, 58 

for public buildings and improvements 

not to exceed appropriation . . .3733 58 
with United States shall not be trans- 
ferred 3737 58 

to be deposited in office of First Comp- 
troller 3743 59 

to be in writing, &c 3744 59 

copy of, to be tiled in returns office. . 3744 59 

oath of officer making, to be attached, 

3745 59 

for collection, &c, of abandoned, &c, 

property 3755 160 

for engraving, &c, for Government Print- 

ing-Oifice 3779 233 

advertisements for proposals for, in the 

District of Columbia 3826 8 

consular jurisdiction in cases of 4085 107 

paying for erection, repair, &c, of public 
building, &c, amounts larger than 

appropriated 5503 60 

turning in appropriations not to affect 

existing 13 

Contributions, i, 
not required for political purposes . . 1546 26 

for presents to superiors 1784 27 

Controversies, 
civil, of American citizens in China and 

Japan, settlement of 4098 109 

Conversion to his oion use, 
of public moneys, by disbursing-officer, 

5488 97 
by any person charged with safe-keep- 
ing 5490 97 

what shall constitute, of public moneys, 

5496 97 

Convoy, 
negligence in performing duty of . .art. 8 16 

exacting compensation for art. 8 16 

maltreating officers or crew of vessels 

under .■ art. 8 16 

Co-operation. 
between Army and Navy or Marine 

Corps, .* 1135 60 

revenue marine, with Navy 2757 246 

Cooly-Trade, 
vessels not to be built, &c, in the United 

States for the 2158 125 



Cooly- Trade — Continued, 
forfeiture of vessel, &c, employed in 2 159 
penalty for building or fitting out, &c, 

vessel for the 2L60 

penalty forreceiving or transporting cool- 
ies .2161 

voluntary emigration of subjects of Ori- 
ental countries not affected ..2L62 
examination of vessels suspected of be- 
ing engaged in the 2163 

disposal of vessel found so engaged 2163 

contracts to furnish coolies, penalty 

Copies, 
of books, records, papers, &c, in any 
Executive Department, when evi- 
dence 882 

in office of Solicitor of the Treasury 

when evidence 883 

of any return in returns office, when»evi- 

" dence 888 

Corrected Proof-sheet, 

third-class mail-matter 3878 

Correspondence, 

with an enemy or rebel art. 4 

by diplomatic or consular officers. . 1751 
with foreign government without au- 
thority, &c 5335 

to obtain redress for injuries 5335 

Costs, 
in suits for making false claims against 

United States 3493 

in consular courts, how prescribed .4117 
in prize cases, security may be required 

for 4638 

to be paid from proceeds of property 
4639 

court may order payment, &c 4040 

Counsel, 
employment of, by Departments . . . 189 

by the Attorney-General 363-366 

special, in prize causes 4020 

compensation to 4648 

when no allowance to be made 4648 

fees of, to be paid out of what fund, 4649 

Counterfeiting, 

signature in obtaining approval, &c, of 

claim by person in naval service, 

art. 14 

bid, proposal, guarantee, official bond, 

public record, &c 5418, 5479 

deed, power of attorney, order, receipt, 

<fcc ".. .. 5421 

knowingly, &c, having inpossession any 

false power of attorney, &c. 5422 

certificate, record, &c, authorized by 

naturalization laws . 5424 

gold, silver, and minor coins . . . 5457, 5458 
Court of Claims, 
evidence to be furnished to, by Depart- 
ments 188 

appeals taken from judgments of .707,708 

sessions and quorum 1052 

general jurisdiction of 1059 

private claims before Congress transmit- 
ted to. 1060 

judgment of. in favor of the United 

States on set-off, &c 1061 

decree of, finding loss of funds, &c, by 

paymaster, &c 1062 

reference to, of certain claims and ac- 
counts by Departments 1063 

how to proceed in such cases 1064 

judgments or decrees of, in such cases, 

how paid 10ii5 

jurisdiction of, not to extend to claims 
growing out of treaty stipulations, 

&c . . : 1066 

claim not to be prosecuted in, when suit 

pending in another court, &c 1067 

privilege of aliens to prosecute claims 

in 1068 

limitation on suits in '. . ... 10(59 

power of, to regulate practice, appoint 
commissioners, and punish con- 
tempts . . 1070 

authority of judges and clerks of, toad- 
minister oaths, &c 1071 



Page 

125 

125 

125 

125 

125 
125 
126 

100 
100 
101 

208 

15 

88 

272 
272 



41 
111 

226 

227 
227 

21 
75 

223 

228 
228 
228 



17 

113, 114 

113 

113 

34 

47 



60 

149 

61 

61 



62 
62 

62 

62 

62 

62 
62 

63 

63 

63 
63 



INDEX. 



347 



Page. 
Court of Claims— Continued. 

petition in. what to contain 107-2 63 

claim dismissed by, when claimant or 
original owner had aided rebellion. 

1073 03 

burden of proof in. as to loyalty daring 

the rebellion .'...." 1074 63 

may appoint commissioners to take tes- 
timony, issue commissions, &c. 1075 63 

may call upon Departments for informa- 
tion or papers 1076 63 

taking of testimony not ordered by, when 
petition shows no case for relief, 

1077 61 

witnesses in, not excluded on account of 

color 1078 64 

certain persons not competent as wit- 
nesses 1079 64 

power of, 'to order examination of claim- 
ant 1080 64 

testimony for, to be taken in county 
where witness resides, when, 
&C 1081 64 

subpoenas issued by, for witnesses to ap- 
pear before commissioners to take 
testimony 1082 64 

cross-examination of witnesses 1083 64 

witnesses in claims before, bv whom 

sworn 1084 64 

fees of commissioners appointed by 1085 . 64 

judgment by, of forfeiture of claim 

by fraud 1086 64 

new trial -ranted by 1087, 1088 64 

judgment of, in favor of claimant, how 

paid .1089 65 

interest on judgment of, in favor of 

claimant 1090 65 

when interest before judgment allowed 

by 1091 65 

judgment of. in favor of claimant, a dis- 
cbarge. <fcc 1092 65 

against claimant, a bar 1093 65 

Courts-Martiul, {Summary,) 

provisions concerning ' arts. 26-35 65-66 

Courts-Martial, ( General.) 

punishments they may adjudge forcer- 
tain offense's. ...... arts. 3, 9, 14. 21 16-19 

dismissal by, or resigning to escape dis- 
missal 1441 92 

precedence of line and staff on .1489 239 

provisions concerning arts. 38-54 66-68 

Courts of Inquiry, 

precedence of line and staff on 1-189 239 

by whom ordered art 55 ■ 68 

constitution of art. 56 68 

powers and duties of art. 57 68 

oath of members and judsre-advo- 

cate art, 58 68 

rights of parties under inquiry., art. 59 68 

authentication of proceedings of art. 60 68 

proceedings evidence before courts-mar- 
tial art. 60 68 

Ootoardice, 

punishment for. in tbe Navy art. 4 15 

C rev- Lists. 

of vessels of war to be sent in... art. 20 18 

to be furnished by master before clear- 
ance is granted 4573 281 

shall be examined and certified bv col- 
lector .". 4574 282 

rules respecting duplicate 4575 282 

discharge of seamen deserters by consul, 

Sue., to be entered on ! 4600 260 

Cruelty, 

punishment for. in the Navy art, 8 16 

Currency, 

provisions concerning the 3571-3533 68, 69 

CtUtOmg-DutU ... 

materials for construction, &c, may be 

imported in bond, eVc 2513 128 

I>. 

Dead "Letter*, 

regulations as to 3930-3938 212 

Death, 

offenses for which, adjudged in the 

Navy art. 4 15 



Page. 
Death — Continued. 

sentence of, bow determined art, 50 67 

to be confirmed by President., art. 53 08 

robbery or piracy upon the high seas 

punishable by 5323-5308 206 

benefit of clergy not allowed 5329 173 

treason may be punished by. or. &c 5332 272 

laying violent hands upon commander, 

&C 5309 200 

robbery upon high seas, upon any 

vessel 5370 206 

robbery on shore, by any of crew land- 
ing from piratical vessel, (fcc..5(7t 206 
offenses on high seas, or in harbor, bay, 
&c, out of jurisdiction of any 

State, &c...: 5372 206 

murder, robbery, &c, under color of 
commission from foreign State, 

&c - ^ - - 5373 206 

making war on United States on high 
seas, or cruising against vessels 

of 5374 206 

forcibly confining. &c, negro, &c, with 

intent to make him a slave .. 5375 200 
landing on foreign shore, seizing negro, 
&c, Avith intent to make him a 

slave 5376 207 

willfully and maliciously burning any 

fort, deck-yard. &c 5385, 5386 13, 14 

maliciously burning vessel of war, 

&c 5337 14 

Death Sentence, 
in Navy, by what vote of court-mar- 
tial art. 50 07 

confirmation of art. 53 08 

Debasing of Coin, 

penalty for 5400 47 

Debt, 

marines exempt from arrest for 1610 163 

Debts by or to United States, 

provisions concerning .3460-3472 82 

to be adjusted in the" Treasury 236 5 

legal tender in payment of. . . .'.3588-3590 47 

debts to be deducted from any judgment 

against United States 83 

Debts to United States. 

recovery of, and suits for 209 

to have priority, &c 3400 82 

when executor', &.C.. liable for 3407 82 

priority of surety on bond 3408 82 

compromise of ... 3409 82 

in what payable 3588-3590 

deduction of, due, paying judgments 83 

Deceased American citizens, 
duty of consular officers as to estate 

of 1709 m 

Deceased Debtor, 
claims or United States against, to have 

priority 3400 82 

surety, &c, on bond of, to United States, 

' to have priority 3408 82 

Deceased Seamen, 
custody of effects of, dying abroad 

"4538-4541 256 

Decimal System, 

establisbed .3563 45 

Decree of Distribution, 

in prize cases 4634 226 

what it sball recite 4034 226 

Deed, 

falsely making, altering, forging. &c 5421 113 

having in possession any false,' <fcc. .5422 113 

Delinquents, (see Disbursing Officers, (C-c.) 
Departments (see Executive Departments,) 
reference of claims to Court of CIainisl063 62 

proceedings in cases so referred 1004.. 62 

judgments in cases referred, bow 

paid 1065 62 

power of Court of Claims to call upon, 

for information or papers ... 1076 63 

printing, binding, &c, to he done at 

Grovernment Priuting-Office..3786 233 
reports of bureau-officers, bow print- 
ed 3788 233 

printing. <fcc, for, on whose requisi- 
tion 37H9 233 

form, &c., of printing 3790 233 



348 



INDEX. 



Page. 
Departments — Continue 1. 

number to be printed of annual reports 

of 3793 234 

accounts for printing and binding .3d02 2 $4 
when animal reports of. to be delivered, 

by Congressional Printer 3810 234 

advertisements for 3828 8 

bribing, <fcc. any officer of, to influence 

decision or action 5451 27 

acceptance of bribe by officer of . . .5501 28 
forfeiture of, and disqualification for of- 
fice.-... 5502 28 

number of annual reports to be print- 
ed 235 

employment of attorneys or counsel 

by 189 21 

employment of special agents by ... 36 1 4 21 

destroying public records in.. 5403, 5408 71 

hours ' of laboa in 72 

Department of Agriculture, 

design and duties of 520 72 

Commissioner of Agriculture, appoint- 
ment and salary of 521 72 

chief clerk, duties in absence of Com- 
missioner 523 72 

custody of property, records, &c,,of . . 525 72 

duties ' of Commissioner 526 72 

purchase and distribution of seeds . . 527 72 

annual reports may be franked 211 

seeds, &c, may be franked 211 

Department of Interior. 
Secretary of Interior to behead of.. 437 73 
Assistant Secretary, appointment, sal- 
ary, and duties of 438, 439 73 

general 'duties of Secretary of 4-11 73 

to exercise powers as to Territories. . .442 73 

powers of. as to census 443 73 

Department of Justice, 
to furnish counsel and advice to heads of 

Departments 189 21 

establishment of 346 73 

Attorney-General to be head of 316 73 

Solicitor-General, appointment, duties. 

salary 347 74 

Assistant Attorneys-General 348 74 

solicitors, assistant solicitors, examiner 

of claims - - . . 349 74 

to perform duties under control of At- 
torney-General 350 74 

duties of tiie head of 354, 356. 357 

358, 359 74 
to defend actions against members of 

Congress 75 

extra compensation to district attorneys 

employed by 363 75 

solicitors and officers of, to perform du- 
ties required by Attorney-Gene- 
ral .' 3U0 74 

general duty of officers of 361 74 

superintendence of attorneys and mar- 
shals 362 75 

retention of counsel to assist district at- 
torneys 3ii3 75 

appointment of special counsel 366 75 

detail of officers of. to attend to suits, 

<fcc 367 75 

traveling-expenses to same 370 75 

publication of opinions 383 75 

Department of the Navy, 

accounts of. how to be kept 283 6 

questions of law to be sent b}', to At- 
torney-General 357 74 

Secretary of the Navy to be head of . . 415 76 

clerks and employes in, salaries of..4l6 76 

general duties of' the Secretary 417 76 

custody of books, &c, of .' 418 77 

bureaus in 419 77 

custody of hooks and records of bu- 
reaus 420 77 

chiefs of bureaus in. how appointed . .421 77 

who eligible for the office of 422, -126 77 

annual reports of Secretary 429 77 

Hydrographic Office in...' 431 124 

maps prepared at 432 124 

moneys from sale of 433 124 

pay of officer in charge of Observatory. 

434 180 



Dcp-irtment of the Navy— Continued. 
meridian of Washington for astronomi- 
cal purposes 435 

of Greenwich for nautical pur- 
poses 435 

supervision of Nautical Almanac ...436 
chiefs of bureas, &c , when exempt from 

sea-service, ... 1436 

titles of chiefs of bureaus 147 1 

relative rank of certain chiefs of bureaus 

in 1472 

retired chiefs of bureaus 1473 

pay of chiefs of bureaus 1565 

duty of Secretary as to flags and stand- 
ards 1554,1555 

estimates for expenditures by. .430, 3666 
money appropriated for, how drawn 3673 
appropriations for, to be under control 

of Secretary 3676 

for each bureau of, to he kept sepa- 
rate 3676 

permanent appropriations for 3689 

Department of War, 
Secretary of "War to be the head of . .214 

general duties of Secretary 216 

meteorological observations, storm-sig- 
nals' 221 

reports and signals for benefit of agri- 
culture and commerce 222 

connection of signal-stations by tele- 
graph-lines" 223 

reports on river and harbor surveys. .231 
chief clerk of, may sign requisitions ... 
Department of State, 

Secretary of State to be head of 199 

Assistant and Second Assistant Secre- 
taries 200 

duties of Secretary of State 202-205 

passport-clerk in, to administer oath with- 
out fee 212 

fees for copies of records in 213 

Department of the Treasury, 
Secretary of the Treasury to be head 

of '. 233 

Assistant Secretaries of 234 

claims and accounts to be settled in . .236 

duties of Assistant Secretaries 245 

signing. &c. warrants 246 

effect of warrants 247 

general duties of the Secretary 243 

restiiction on clerks receiving gains, 

&c '.".244 

transcript from books, &c, of evidence in 
suits against delinquents . . 886, 387 
Depositions. 
making or using, by persons in naval 

service, of any false, art. 14 

making or using, by persons not in mili- 
tary or naval service, of any false. 
3490 
de bene esse, to be taken by prize-com- 
missioners 4622 

making or using, by any person, of any 

false, punishment 5433 

Depots, 

for coal and fuel for the Navy 1552 

Deprivation of Liberty, 

(See last page Index.) 

on shore, &c, art. 30 

Derelict Property, 

collection, &c.,of 3755 

Descriptive Lists, 
of men to be entered on ship's books, 
art, 20 

of men transferred art. 20 

Deserters, 

not to be enlisted in the Navy 1420 

punishment for enlisting art. 19 

from naval service prior to March 3, 1865. 

loss of citizenship of. &c - - 1996 

certain men absent without leave not to 

be held as, &c 1997 

penalty hereafter incurred by 1998 

penalty for avoiding draft 1998 

not entitled to bounty -land 2433 

certain soldiers and sailors not to forfeit 
pension 4749 



Page. 



130 
177 

73 
73 

78 
78 
78 

105 

9, 10 

11 



79 
79 

185 



100 



41 
223 
113 

66 
160 



INDEX. 



349 



Taw. 



84 

83,34 

S3. 84 
15 
17 
IT 



87 



259 



eoo 



Desertion, 
enticing soldiers or sailors to become. 

knowingly barbcn ing, Are 5455 

punishment " for aiding- or entic- 
ing 1553, 5455 

for refusing to deliver up persons 

charged with 1553. 5155 

in tune of v\ ar art. 4 

in time of peace art.. 8 

harboring persons charged with., .art. 3 
Desiccated Vegetables for Navy, 

bow may be procured .3726 

Destitute Seamen, 
consular officers not to receive fees. &.C., 

on clothing. Ac. for. 1719 

fund for relief of, created 4545 

shall be returned to United States by con- 
suls. &c 4577 

vessels belonging to citizens of United 

States required to carry 4578 

pay for carrying 4579 

part ol extra wages to be fund for relief 

of 4584 

Destroyed Checks. 

duplicates of. bow procured 3646, 3047 32 

Destroying Litter*. 

penalty for unlawfully 3391, 3892 203, 209 

Destruction of Records, 
of courts of justice, or deposited in any 

public offije, &c 5103 71 

by the officer having custody of... 5-108 71 

Detaining Letters. 

punishment for unlawfully 3890 

Detention, 

oi enlisted persons beyond term 1572 

Dies, 
of national character may be executed at 

.Mint 3551 

Dime-puce. 

weight and fineness of 3513. 3514 

devices and legends on 3517 

deviation in adjusting 3536 

Diplomatic and Consular Officers, (see Con- 
sular Officers.) 
issue and verification of passports by. 4075 

returns of same. 4077 

issuing or verifying passports ille- 
gally ....: 4078 

judicial authority and duties of, in certain 

countries. 1 4083-4128 10 

allowance of time in reaching or return- 
ing from stations 

regarding leave of absence to 

restriction on correspondence by — 1751 

not to recommend persons 

Diplomatic Functions, 

when consular officers may perform 1738 

pay when so performing 1739 

Diplomatic Officer, 

term detini d 1674 

Diplomatic Service, 
officers of the Xavy accepting appoint- 
ment in 1440 

Disabled Seamen, 

fund for relief of. created 4545 

Bis * b i I 
Navy ] enHion-fund to be used for com- 
fort of 4752 

Disaffection, 

in time of battle art. 4 

Disbursements, 

no extra allowance for .1765 

Disbursing Ag mt, (see Uisbursing-Officers.) 
of the Navy for foreign stations . . 1550 

rial, to give bonds 3614 

tit Departments, 

appointment, of 176 

Disbursing-0 
making disbursements by order of com- 
manding officer 285 

payment of lost clock issued by, in case 

of death of 

liabilities outstanding, disposition 

of 306 

accounts of. when covered into tin; Treas- 
ury 3 9 

to report outstanding liabilities 310 



208 



202 



1^5 
-11-2 



88, 90 
90 



85 



85 
257 



202 



15 



104 



Page. 
TUshurxinfj-Officcrs — Continued. 
jurisdiction of Court of Claims on loss of 

funds by 1059 61 

when credit is to be allowed 1062 32 

trading in public funds or proper- 
ty - 1783 91 

to deposit public inonev in Treasury, 

&C . 3620, 3C2L 91 

to render accounts monthly, &c . . . .3622 91 

distress-warrant against, delinquent 

362.% 3033 93 

President mav increase, &c., bouds 

of 3639 96 

duplicate checks of. bow procured. .36-16, 

3647 32 

advances may be made to 3643 7 

shall not exchange funds 3651 32 

to account for premiums on drafts, 

&c 3652 33 

estimates on information from, to be dis- 
tinguished 3660 10 

shall not pay expenses of commissions. 

&c, until, &c 3681 11 

applying public moneys otherwise than 

authorized by law 5438 92 

failing to render accounts of public mon- 
eys received 549 1 97 

failing to deposit public moneys . . . 5492 97 

evidence of balance against : 5494 97 

prima-facie evidence of embezzlement 

by 5495 97 

what constitutes conversion, &c, by.5496 97 

Discharge, 

punishment by •' bad conduct " art. 30- 65 

not to be carried into effect in f oreign 

countries art. 30 65 

rating as mate, &c, not to 1409 170 

Disch a rge of Sea men. 

when consular officers may require 4580 259 

to demand extra wages on 4581 259 

on sale of vessel in foreign country 4582 259 

in case of wreck. &c, of vessel . . . 45^3 259 

disposal of extra wages on. by consular 

officer 4584 260 

Disease Contracted in Service, 

who to have pension for 4693 189 

after Julv - i7. 1868, must have been re- 

cei ved in line of duty 4694 190 

Disloyal Claimants, 

before Court of Claims 1072 63 

restriction on payments to 3480 40 

Disobedience of orders, 

punishment for art. 4 15 

Dismissal, 
or resigning to escape dismissal, not to 

be restored 1441 92 

of officers in the naval service ...art. 36 92 

right of officers dismissed by President 

to demand trial art, 37 92 

sentence of, to be confirmed by Presi- 
dent '.' . art. 53 63 

limit to back pay of officers restored 

after '.' 92 

iu time of peace, by sentence of court- 
martial only 1624 92 

Disqualification to Hold Office, 
for receiving valuable considerations, 

Ac 1781 26 

for offering valuable consideration, &c, 

1781 26 
for receiving, &c , compensation for ser- 
vices,' Sec - 17,-2 27 

of disbursing officers carrying on trade. 

&e., in fnnds of United States 1783 91 
of deserters from military or naval ser- 
vice failing to return. &c 1996 33 

when not to apply 1997 33 

of persons convicted of treason ... 5332 272 
of persons inciting or engaging in rebel- 
lion 5334 272 

of public officer, withdrawing, destroy ing 

records. Ac. in bis custody. . 540ti 71 

of members of Congress lor accepting 

bribe for vote, &c ... . 5500,5502 27,28 
of officers of, ami persons acting for or 

on behalf of Tinted States. Ac. or 

for accepting bribe 5501. .502 28 



350 



INDEX. 



Disqualification to Hold Office— Continued, 
of officers, &c, in military or na- 
val service interfering with elec- 

tions 5532 

Disrating, 

by commanding officer . . art. 24 

by summary courts, for incompetency, 
art. 31 
Dissolute Practices, 
commanding officers to guard against, 

art. 1 
Distilled Spirits, 

admission of, on A'essels of war ..art. 13 
Distress- Warrant, 

against delinquents 3625, 3638 

District A ttorneys, 
to aid in examining titles to land to be 
purchased by United States . . 355 
general direction of, by Attorney-Gen- 
eral '. 362 

counsel to aid, bow retained 363 

general duties of 771 

statement by, to Solicitor of tbe Treas- 
ury 772, 773 

report of, in compromise of claim of 

United States ... 3469 

duties of, in suits for false claims against 

United States .' 3492 

in case of prize 4618, 4619 

compensation of, in prize-causes 4646 

maximum to be allowed, <fcc 4647 

to institute proceedings in cases of insur- 
rectionary property 5311 

District of Columbia, 

purchase of fuel in 3711 

permanent seat of government 1795 

offices to be exercised in 1796 

District Courts, 

jurisdiction of 563, 574 

Divine Service, 

performance of, in the Navy art. 2 

irreverent behavior during'. art. 3 

form of conducting 1397 

Dock- Yards, 

examination of title of land purchased 

for 355 

assent of State legislatures to purchase 

of land for 1838 

Documents, 
number of, to be printed for Congress, 

3792 

motions to print extra copies of 3793 

when cost exceeds $500 3795 

additional number of. printed by order 
of Joint Committee on the Li- 
brary 3796 

accompanying annual reports of De- 
partments, number of, to be print- 
ed 3798 

extra copies of, how procured from Gov- 
ernment Printing-office 3809 

what, to be delivered to the Secretary 
of the Interior bv Congressional 

Printer - 3813 

destroying, or carrying away, &c, from 

public office 5403-5408 

Dollar- Piece, 

deviation allowed in adjusting 3535, 3536 
Domestic Violence, 
be suppressed by use of land and naval 

forces . . - ' 5299 

Domestic Servants, 
of embassadors, &c, jurisdiction of suits 

against 687 

of foreign ministers exempt from legal 

process 4063 

in what cases provision not applicable 

4065 
register of names of, where to be made 

4065 
list to be posted in marshal's office. .4065 

public access to list 4066 

Double- Eagle, 

weight and fineness of 3511, 3514 

deviation allowed in adjusting 3535 

Double Pensions, 
no person allowed to receive 4715 



Page. 

96 
19 
66 

14 
17 
93 

181 

74 

75 

155 



82 

41 

222 

228 
228 

133 

116 

288 
288 

136 

15 
15 
31 



181 
181 



233 
233 
233 



233 

234 
234 

234 
71 
44 



147 

106 

106 

106 
106 
106 

43,44 
44 



195 



Page. 
Double Postage, 

when to be charged on letters 3898 209 

on books, &c 3910 210 

on irregular sea-letters 3913 210 

Double Salaries, 

not allowed, unless authorized by law 

1763 104 

Draft, 

forfeiture o£ citizenship for avoiding, 

1998 33 

Drafts, (see Checks.) 
Draughtsmen, 

for Bureaus Navy Department 416 76 

Dravjing. 

professor of, at Naval Academy 1528 179 

Drop Letters, 

rates of postage on 3904 209 

certain, to be forwarded 3937 21 2 

Dropped, 

officer failing on second examination to 

be 1505 231 

Drunkenness, 

punishment for, in the Navy art. 8 16 

Duels, 

punishment in the Navy, for engaging 

in art. 8 16 

Duplicate Checks, 

when and how issued 3646, 3647 32 

Duplicate Land War rants, 

to be issued in place of lost ones, when 

2441 26 

E. 
Eagle, 

weight and fineness of 3511,3514 43 

deviation allowed in adjusting 3535 44 

Effects, 
of persons dying on ships of war. .art. 20 1 8 

of deceased merchant seamen 4538 256 

Eight- Hour Law, 

appropriation for wages under 3689 12 

eight hours a day's work under 3138 58 

Elections, 

of Senator 14-19 51 

of Representatives and Delegates. 23-27 52 
troops not to be kept at places of . . .2002 95 
officers of Army or Navy not to inter- 
fere in ' 2003 95 

all citizens to be entitled to vote 

at 2004 95 

unlawfully hindering, preventing, &c, 

voting at 5506-5508 . 95 

officer of Army or Navy bringing or 

keeping troops, <fcc, at 5528 96 

preventing by force, intimidation, ad- 
vice, «fec.,' right of suffrage at 5529 96 
prescribing or fixing qualification of 

voters 5530 96 

by force, &c. imposing regulations 

for ... . ." . 5531 96 

disqualification for office by violation 

of sections 5528-5531 5532 96 

not to vote in Territories, except, 

&c 1860 95 

not to accept office in Territories . . 1860 95 

Elective Franchise, 
right of all citizens to exercise 

the ...2004 95 

Electors of President and Vice-President, 

when appointed, &c 131-149 216-218 

Embassadors, 
jurisdiction of Supreme Court, of 

suits of 687, 6£8 147 

jurisdiction of suits, &c, against 711 151 

included in term "diplomatic offi- 
cer" 1674 85 

immunity of, &c 4062-4066 105, ll)6 

Embezzlement, 
of public money or property intended 
for naval service by persons in 

naval service art. 14 18 

of pension-money by guardians 4786 201 

of private or public "property by persons 

in military or naval service ..5306 133 

of public money or property furnished 

for military, &c, service 54\9 114 

of metals, coins, medals, &c 5460 47 



INDEX. 



351 



Embezzlement— Continued. 

of letters. &c . tobeconveyed hymail.5467 
of mail, letter. &c, by person taking the 

same to post-office, &c 5469 

officer guilty of. who pays to clerk, &c, 
a sum less than provided by law. 

&c 5483 

depositing public moneys otherwise 
than authorized by law, convert- 
ing, &c ..." 5488 

failure of public depositary. &0., safely' 
to keep public moneys depos- 
ited ." 5489 

loaning, converting, depositing in hanks, 
exchanging, &c., of public mon- 
eys , 5490 

failure to render accounts as provided 

bylaw 5491 

failure to deposit public moneys with 
Treasurer. Are., when so required. 

Arc 5492 

application of sections 5468-5492 .. 5493 
evidence of balance against defendant 

on trial of indictment for 5494 

prima-facie evidence of 5495 

receiving from disbursing-offieer. &c., 
on deposit, loan. &c, of Govern- 
ment property, money. &c, public 
moneys by unauthorized deposi- 
tary .' '. 5497 

Embczzlin g L e t te rs, 

by persons in postal service 3691 

by persons taking from post-office.. 3892 
Emigration, 
voluntary, not affected by prohibitions 

as to cooly-trade.. 2162 

certificate of, to be given bv consular 

officers 2162 

Enacting Clause, 

form of 7 

Enacting TVords. 

limitation of use of 9 

Encouragement, 
punishment for failing to give, in bat- 
tle art. 4 

Enemies. Alien. 

treatment of 4067-4070 

En<: my. 

intercourse with an art. 4 

receiving messages from art. 4 

Engineer Corps of He Navy, 
number and grades in, on active list 1390 

by whom appointed 1391 

engineers of the fleet 1393 

title of Chief of Bureau of Steam-Engi- 
neering .1471 

relative rank of, on active list 1476 

graduates of Naval Academy. precedence 

of '. 1484 

rank of. gives no authority to exercise 

military command 1488 

education of engineers at Naval Acad- 
emy .... 1522 

Engineers, Civil, (see Civil Engineers.) 
Engrax 

of man-. & c. t > illustrate documents, 
3779,3780 

to be third-class mail-matter 3878 

Enlist •/ Persons, 

pay of, how fixed 1569 

when to have pensions 4iiii3 

rate of total-disability pension to . 46: r> 

non-enlisted men in temporary service, 

pension to dependent relative 4710 

number authorized. 1417 

enliatnu nt of hoys 1418 

of minors between sixteen and eighteen 

year-; ..1419 

of minors under sixteen years, insane 
or intoxicated persons, or desert- 

1 1> forbidden 1420 

transfer from Army 14-.il 

to be sent home at expiration of term.. 

1 122 

when may lie detained beyond 14-2:2 

deta md beyond, to be subject to laws 
i nd regulations 1423 



Page. 
214 
214 

101 

92 

97 



97 



208 
209 



125 
125 
248 

243 



98 

239 

99 



233 

206 

262 
169 
190 

194 
261 
261 

261 



161 

•261 



2'1 

261 



Page. 
Enlisted Persons— Continued, 
limit of detention beyond expiration of 

term 1424 262 

shipping articles to contain the three pre- 
ceding sections. 1425 262 

in Marine Corps 1603 163 

of citizens of the United States in cer- 
tain countries. &c 4090 108 

of soldiers or sailors to serve against 

United States 5337, 5338 273 

Enrolled Vessels. 

how to be numbeied 4177 260 

Enrollment, 

of pleasure-yacht 4214 267 

Ensigns. 

grade established 1362 161 

number of. on active list 1363 161 

to be steerage-officers, unless, &c ..1490 162 

pay of... 1556 162 

Ensign, or Flag. 

of revenue-cutter service 2764 246 

Enticing, 

desertion from naval service 1553 83 

desertions from naval service by persons 

in same arts. 4, 8 84 

any soldier or sailor of United States to 

desert 5455 84 

on board of any vessel, or to any other 

place, to be made slaves... ...5525 265 

Envoys Extraordinary, 
included by words "diplomatic offi- 
cers" 1674 85 

Epidemics, 

removal of offices in case of 4798 23S 

adjournment of courts in case of 4799 233 

removal of prisoners in case of 4600 233 

li E Pluribus Unum," 

shall be inscribed on coins 3517 44 

Equity, 
jurisdiction in, of district courts... 563 136 

district courts, as courts of, always 

open 574 137 

when suits in, not sustained in courts of 

United States 723 153 

final record in causes of . . 750 155 

Estates of Deceased Art.ericans, 

duty of consular officers as to 1709 86 

Equipment and Recruiting, Bureau of, 

clerks in 416 76 

establishment of 419 77 

appointment of Chief of.. 421-422 77 

payof 1565 73 

Estimates, 
for expenses of Navy Department and 

Bureaus '. 430 9 

manner of communicating 3660 10 

for printing and binding " 366L 10 

for compensation of officers 3662 10 

for public works 3663 10 

to explain new items 3664 10 

to state outstanding appropriation.. 3665 10 

what to contain in detail 3666 10 

annual, to be submitted through Secre- 
tary of Treasury, &c 3669 11 

appropriations of current year to be an- 
nexed ' 3670 11 

proceeds of old material to be included 

in Book of 3672 11 

to be furnished Secretary of Treasury by 

October 1 .' '.... 13 

extracts from reports to be submitted 

with 13 

Eth ics. 

professor of, at Xaval Academy 1526 179 

Evidence, 

hooks and writings containing, power of 

courts to require production of. 724 153 
copies from the Executive Depart- 
ments 882-887 100 

when not to be used in criminal proceed- 
ings 860 100 

Consular certificates as 896 101 

to establish claim lor bounty-land. .2431 

2432 25 

in consular courts, how taken .4097 109 

of balance due upon trial for embezzle- 
ment 5494 9 



352 



INDEX. 



Evidence— Continued. 

prima-facie, of embezzlement 5495 

copies from returns office 888 

Little & Brown's edition of Statutes, 908 
Examinations, 

of clerks in Departments 164 

of assistant surgeon absent 1372 

physically, before promotion 1493 

in grades limited and not limited. . . 1495 
mentally, morally, and professionally, 

1496 
of commodores before promotion . . . 1497 

failing professionally in 1505 

pay of officers delayed in 1562 

for civil service . . . . 1753 

Examiner of Claims. 

for Department of State 349 

Examiners, 

of applicants for civil service 1753 

Examining Board. 

Of the Navy, for promotion 1498 

power of 1499 

appearance of officers before 1500 

statement and testiruouy before. . . 1501 

revision of finding of 1502 

public examination before rejection, 
1503 

form of recommendation by 1504 

officers not found qualified 'by 1505 

Examining Surgeons, 
pension to commence at date of certifi- 
cate of, <fcc 46981 

of pensioners, biennial certificate of, 

4771 
boards of, may be organized, &c .4774 
may be required to make special exam- 
inations 4775 

in Pension-Office may be appointed, 

cfec 4776 

civil surgeons may be appointed as, 
4777 
Exchange, 

of funds restricted 3651 

Executive Departments, 

regulations for, how prescribed 161 

hours of business in. 162 

clerks in, how classified 163 

examinations of 164 

women may be 165 

distribution of. 166 

and employes, salaries of 167 

temporary, salaries of 168 

number of, howregnlated .169 

extra services of, when to be paid 

for 170 

extra, when to be employed 17 L 

compensation of 171 

subordinate assistants, restriction on 

employment of 1 7 2 

chief clerks in, duties of, &c — 173, 174* 
duty of superior on receipt of report of 

chief clerk 175 

disbursing clerks in.^luttes, &c, of .176 
vacancies in offices dttreads of . .177, 181 

n office of chief of Bureau in. 178 

no extra compensation to officer filling 

vacancy 182 

oaths administered by officers or clerk* 
of, detailed to investigate frauds, 
183 
witnesses in claims before, how subpoe- 
naed 184 

fees of 185 

how compelled to attend and testify, 

186 

professional assistance in examining 

witnesses or claims, howobtaiued 

by 187 

evideuce to be furnished by, in suits 
pending in Court of Claims . . .188 
heads of, not to employ attorneys, <fcc 189 
restriction on former employes in prose- 
cuting claims 190 

certified balances conclusive upon the 
executive branch of the Govern- 
ment 191 

may be revised by Congress 191 



Page. 

97 
101 
101 

69 
171 
230 

230 

230 
230 
230 
186 
39 



39 

230 
230 
230 
230 
230 

230 
230 
230 



192 

199 
200 

200 

200 

200 

32 

69 
69 



70 
7.1 
70 
70 
70 

70 
70 
70 

70 
70 

71 

71 

275 

275 

275 



40 



Page. 
Executive Departments — Continued. 

newspaper.-, in, expenditure for. 192, 1779 184 

annual report concerning contingent 

fund for 193 55 

respecting clerks employed in 194 71 

annual reports, time of making ... 1 95 71 

wheu to be furnished to the printer 196 71 

inventories of property in 197 71 

biennial list of persons employed in. 510 135 
heads of, may require opinion of Attor- 
ney-General 356 74 

copies of books, records, &c, made evi- 
dence 882 100 

reference by, of claims to Court of 

Claims 1063 62 

proceedings in such cases ...1064 62 

judgment in such eases, how paid 1065 62 

contracts of, for stationery and supplies, 

3735 58 

printing, binding, &c, for 3786,3789 233 

form, (fee. of printing. &c, for.. 3790 233 

(See Tenure of Office and Yacanc.es.) 
Expatriation, 

inherent right of, affirmed 1 999 33 

claims of foreigu allegiance disavowed, 

19:t9 34 

officers not to question right of 1999 34 

Expenditures. 
estimates of, how communicated to Con- 
gress 3660 10 

how accounted for in estimates 3666 10 

limit as to objects 3678 11 

limited to appropriations 3679 1 1 

Expiration of Service, 

seamen to be sent home at 1422 261 

subject to laws if detained after ..1423 262 

limit of detention after 1424 262 

shipping-articles to contain conditions 

as to 1425 262 

Explosive Articles, 

excluded from mails 3878 208 

Exploring Expeditions, 
proceeds of materials, <tc, sold not to be 

covered into the Treasury 36 18 253 

Extortion, 

under color of office 5481 101 

Extra Compensation. Salaries, <£c, 

provisions concerning 1763-1765 104 

tor disbursements 3654 104 

to civil officers forbidden 104 

Extradition, 
power to issue warrants for arrest, &c. 5270 101 
depositions receivable at hearing, on re- 
turn of warrant ". ... 5271 102 

power of Secretary of State to order de- 
livery of person committed for. 

&c 5272 102 

authority of agent receiving prisoner 

from Secretary of State" 5272 102 

re-rarrest of person accused, &c, in case 

of escape . . 5272 102 

discharge from custody of person ac- 
cused 5273 102 

provisions for, to foreign country limited, 

(fee 5274 102 

transportation and safe-keeping of per- 
son delivered, <fcc 5275 102 

powers of agent appointed to receive de- 
livery of person 5276 103 

penalty for obstructing, &c, agent. 5277 103 

duty of executive authority of State or 

Territory 5278 103 

discharge of prisoner, if no agent to re- 
ceive, &c ...5278 103 

costs and expenses incurred in arresting, 

transmitting, &c 5278 103 

authority of agent appointed by State. 

&c, to transport prisoner, &e 5279 103 

penaltv for rescuing prisoner from agent, 

5279 103 
duty of certain magistrates to arrest sea- 
men deserting from foreigu vessels. 

5280 103 
delivery of deserters to consul, &c, of 

foreign government 5280 103 

detention of, at expense of consul, &c., 

of foreign government 5280 103 



INDEX. 



353 



Page. 

Extradition — Continued . 

delay in delivery of seamen, &c ...5280 > 103 

allowing prisoners to escape. .5409, 5410 103,104 

Extra Duty, 

punishment by commanding officer.art. 24 19 

by summary court-martial art. 30 65 

Extra Wages, 
to seamen, consular officers not to re- 
ceive fees. &c. for collecting, 

&c 1719 87 

on discharge by consular officers from 

unsea worthy vessel 4561 258 

penalty for refusal to pay 4563 258 

when consul. &c, may require, on dis- 
charge... 4580 259 

penalty for neglect to require 4581 259 

on sale of vessel in foreign ports .. 4582 259 

when, ma v be remitted 4583 259 

disposal of 4584 260 

to alleged deserters 4600 260 

F. 

False Accounts, 

keeping, by persons in the naval service, 

art. 14. 5306 17, 133 
False Claims, (see Claims.) 
Falsehood, 

punishment for. in Navy art. 8 • 16 

False Master. 

making or aiding in art. 8 16 

False Oath, 
knowingly making, to obtain claim, by 

any person in naval service art. 14 17 

when penury 5392 204 

False Papers, 

making or using, to obtain claim, .art. 14 17 

False Personation, 
by applicant, or witness for applicant, to 

be admitted a citizen 5424 34 

of persons entitled to pensions, prize- 
money, wages. <fcc 5435 113 

False Receipt, (see Receipt.) 
False Returns, 

by persons in naval service 5306 133 

Falsely Altering, (see Forging.) 
Falsely Alakina. 

bid. proposal. &c 5418,5479 113,114 

deed, power of attorney, order, receipt, 

&€ .' 5421 113 

having in possession any false, altered, 
<fcc, deed, power of attorney, &c, 

5422 113 
oath, notice, <fcc. under naturalization- 
laws 5424 34 

any coin or bars in similitude of coin, 

5457, 5458 47 

Fast-Day, 

holiday in District of Columbia 121 

Fees. 
of witnesses in claims pending in Depart- 
ments ...185 40 

passport-clerk to administer oaths with- 
out 212 185 

for copies of records of Department of 

Stare 213 79 

of witnesses attending courts. . 848-851 286 

of special counsel in prize-cases 4649 228 

of witnesses in prize-cases 4051 228 

of examining - surgeons of pensioners, 

4774, 4775 200 

of attorneys and agents of pensioners. 

4785 200 
demand, &c, of illegal, by agenl prose- 
cuting claim, Ac 5485 201 

receiving or demanding, by pension- 
agent 5487 201 

Felony, 
embezzling, stealing, &c., Government 

money or property declared 115 

Females, 

eligible to clerkships 165 70 

Fifteenth A mendment, 
preventing suffrage guaranteed by. 5507- 

5509 95 

Fifty-Cent Piece, 

weight and fineness of 3513,3514 44 

deviation in adjusting 3536 44 

25 N L 



Fines, Penalties, and Forfeitures, 
relating to live-oak 4751 

Firemen, 

in Navy, enlistment of 1417 

pay of, how fixed 1569 

additional to seamen, <fcc, doing duty 

as 1570 

bounty to, for re-enlisting 1573 

Firms. 
members of, not to act as agents, &c. . 1783 
not to be received as surities for each 
other 3722 

First Assistant Engineers of the Navy, 

number and rank of 1390 

relative rank of, on the active list. .1476 

pay of 1556 

title of. changed note 98 

Fiscal Year, 

date of commencement of 237 

accounts to be settled within 250 

Fish and Fisheries, 
Commissioner of, appointment of.. 4395 

duties of Commissioner 4396 

Executive Departments to aid in investi- 
gations of 4397 

power" to take fish, &c 4398 

Five-Cent Piece, 

weight and material of 3515 

devices and legends on 3517 

deviation in adjusting 3537 

Fire- Doll ■ r Piece, 

weight and fineness of 3511, 3514 

deviation in adjusting 3535 

Flag of the United States, 

design of 1791 

additional star for each new State.. 1792 

Flag-Officers. 
selection, assignment of, &c 1434 

Flags, 
captured by Navy, collection and dispo- 
sition of . .' 1554 

preservation, &c, of 1555 

Flag, 
striking, without authority art. 4 

Fleet- Captain, 
share of prize-money to 4631 

Flee '-Engineers, 

selection of 1393 

pay of 1 556 

Fleet-Pa ymasters, 

designation of 1382 

pay "of 1556 

Fleet-Surgeons, 

selection and duties of 1373, 1374 

pay of 1556 

Flogging, 
punishmentby.forbidden inNavy. art. 49 

Flotilla Men. 

when entitled to bounty-land.. 2425-2427 

Flour, 
for Navy, purchase of 3727 

Fog-Siynals, 
when to be used on vessels 4233 

Folio, 
number of words in 854 

Forage, 
to officers of the Marine Corps 1272 

Fori ion Coins. 

value, basis of. and how fixed 3564 

certain, to be recoined before beinu is- 
sued 3566 

shall not be a legal tender 3584 

false making, counterfeiting, &c — 5457 
fraudulently mutilating, diminishing, 

dec ... 5459 

making, issuing, or passing without au- 
thority, any coins in resemblance 

of ....'.....' 5461 

Foreign Consular Officers, 
treaty-stipulations respecting powers of, 

over seamen 4079 

application for arrest of seamen 4080 

commitment of seamen subjeel to juris- 
diction of 4081 

Foreign Diplomatic Officers, 
in Persia, intermediation of, in suits and 
disputes 4126 



Page. 

202 

261 
262 

262 
263 

21 

57 

98 
98 
99 



104 

105 

105 
105 

44 
44 
44 

43,44 
44 

105 
105 

161 

105 
105 

15 

225 

98 
98 

187 
188 

171 
171 

67 

24 

58 

50 

7 

165 

45 

45 
46 
47 



89 



111 



354 



INDEX. 



Page. 
Foreiffn Ilydrographic Surveys, 
restrictions on appropriations for pub- 
lishing 3686 124 

Foreign Ministers, (see Ministers, Public) 

penalty for assaulting, &c 4062 105 

process against person, &c, of, to be 

void 4063 106 

domestic servants of, exempt from pro- 
cess 4063 106 

names of servants of, may be registered, 

4065 106 

Foreign Xations, 

claims of. to allegiance of naturalized 

American citizens disavowed . 1999 33 
President to demand reasons of, for im- 
prisonment of citizens, &c 2001 34 

alien enemies of, at war with United 

States 4067 8 

correspondence with, &c 5335 272 

citizen or subject of, making war in vio- 
lation of treaty, guilty of piracy, 

5374 206 
Foreign Relations. 
right of expatriation maintained ...1999 33 
protection to naturalized citizens in for- 
eign countries 2000 34 

release of citizens imprisoned by foreign 

powers to be demanded .1 2001 34 

violence to public minister in violation 

of law of nations 4062 105 

saf e-conchict or passport, violation of .4062 105 

privilege of foreign ministers and their 

domestics 4063-4066 106 

remo\ al of alien enemies 4067-4070 8, 9 

testimony for use in certain suits iif for- 
eign countries.how taken. 4071-4074 106 
passports to American citizens, 4075-4078 1 85 
foreign seamen, jurisdiction of difficul- 
ties arising among, &c 4079-4081 89 

marriages in foreign countries, validity 

of. <fcc 4082 89 

"judicial authority of United States minis- 
ter and consuls 4083-4130 107-112 

meaning of words "minister" and "con- 
sul" 4130 112 

Foreign Seamen, 
arrest of, on application of consul . . 4080 89 

procedure upon examination 4081 89 

Foreign Stations, 

disbursing agents on 1550 ' 21 

supplies for vessels on 3721 57 

storekeepers on 1438, 1439 35 

pay of 1567, 1568 36 

Forging, 
by persons in naval service, to procure 

approval, <fcc, of claim art. 14 17 

bid, proposal,. <fcc, for purpose of de- 
frauding United States . .5418, 5479 113, 114 

deed, power of attorney, &c 5421 113 

knowingly, <fec, having in possession any 
false deed, power of attorney, &c, 

5422 113 
oath, notice, &c, authorized by naturali- 
zation-laws 5424 34 

of coins, <fcc 5457,5458 47 

Fourth Auditor, 
accounts of, to be examined by Second 

Comptroller 273 6 

duties of ,.277 6 

duty as to Navy requisitions 3673 11 

Fourth of July, 

holiday in District of Columbia 121 

Franked, 
Congressional Record and documents 

may be 211 

Fresh Meat, 

substitute for salt, in Navy rations. 1581 240 

Frauds, 
jurisdiction of district courts of suits to 

recover damages for 563 136 

Court of Claims may adjudge claims for- 
feited by 1086 64 

punishment for, in the Navy art. 8 16 

in procuring payment of claims, &c, by 

person in Navy art. 14 17 

public officers colluding in 5451 27 



Freedmen, 
accounts for expenses incurred for, how 

settled 2034 

Hospital and Asylum for 2038 

restrictions upon expenditure of appro- 
priation for -2038 

Hospital to be under Secretary of the In- 
terior '. 

transfer of property from "War to Depart- 
ment Interior 

Fuel, 
for Government use in District of Co- 
lumbia 3711-3713 

for IS avy 3728 

contracts for, not to exceed necessities of 

current year 3732 

allowance of, in Marine Corps 1270 

Fugitives from Service, 

punishment for, return of art. 18 

Funeral expenses, 

allowance for, in the Navy 1587 

Furlough, 

placing officers on 1442 

pay of officers on 1 557 

retired officers on 1593 

transfer of officers on 1594 

G. 

Gambling, 
punishment for, in the Navy ..art. 8 

General Orders, 
punishment for disobeying lawful art. 8 

to be regarded as regulations 1547 

officers to be furnished with 1548 

Gifts, 

receiving, by superiors in office 1784 

public officers not to receive, &c 5451 

Goid Coins, 

denomination, weight, &c 3511, 3514 

certain to be recoined 3512 

deviations allowed from standard. . .3535 
shall be a legal tender 3585 

Gold, 
transportation of, in vessels of war art.8 

in merchant-vessels 4204 

exchange and disbursement of 3651 

Government Property, 

embezzlement of art. 14, 5439 

proceeds of sale to be covered into 
Treasury 3618 

Governrr, ent Printing- Office, 
engravings of maps, <fcc, for public 

documents 3779 

when procured by advertisement. 3780 
foremen of. to make estimates, &c, for 

materials 3783 

printing and binding not to be done. 3785 

printing and binding to be done 3786 

reports of officers of Bureaus, &c 3788 

form and style of printing, &c 3790 

accounts of printing, &c. for Depart- 
ments 3802 

extra copies of documents 3809 

report to be made to Congress 3821 

Gratuity, 
to seamen receiving medal of honor. 1407 

Greemoich, 
meridian for nautical purposes 435 

Guano-Islands, 
discovery and occupancy of 5570-5578 

Guarantee, 
falsely making, altering, forging, &c, 
' any false. 5418-5479 

Guarantee of Bid, 
for naval supplies, sureties &c. 3719-3722 

Guardians, 
may sell homestead for benefit of infant 

children 2292 

of minor or orphan children of soldiers, 

&c, under homestead-law... 2307 

when increased pension to be paid to . 4703 

when pension to be paid to 4706 

pension to joint pensioners having differ- 
ent 4707 

penalty for embezzling ward's pen- 
sion 5486 



Page. 



115 
116 



116 



116 

58 



58 
164 



117 
117 
117 
117 



16 
246 
247 

27 
27 

43 

44 
44 
46 

16 

280 

33 

17.114 

253 

233 

233 

233 
233 
283 
233 
233 

234 
234 
235 

261 

180 

117 

113, 114 
56-57 

122 

123 
192 
193 

193 

201 



INDEX. 



355 



Gunpowder, 
in bonded warehouse, when to be 

sold -.2975 

storage of, in warehouse 2962 

drawback on foreign saltpeter 3020 

for Navy, purchases of 3721 

penalty for shipping without notice of 

character 4288 

license to carry, on steam passenger-ves- 
sels.-.-. .........4422 

penalty for carrying, contrary to law. 4424 

how to be packed and marked 4475 

Gunners, 

number and appointment of 1405 

to be known as warrant-officers 1406 

as keeper of magazines 1416 

as naval storekeepers 1438 

pay of 1556 

assimilated rank to 1491 

II. 

Habeas Corpus, , 
writ of. in cases of removal from State to 

circuit court 642, 643 

may be issued by supreme, circuit, and 

district courts 751 

may be granted by justices and judges of, 

&c .752 

not to extend to prisoner in jail unless, 

&C 753 

application for. how made and verified, 

754 
to be issued unless. Arc. ; how directed, 

755 

return of. time for 756 

to show cause of detention 757 

body to be brought on return of 758 

hearing of. time for 759 

traverse of return, counter-allegations, 

amendments 760 

summary hearing upon 761 

notice to be served on attorney-general 

of a State 762 

appeal to circuit court 763 

from circuit to supreme court 764 

appeals, on what terms taken 765 

pending appeals, Ac. void, 766 

Half-E 

weight and fineness of 3511-3514 

de viat i< m in adjusting 3537 

Half- Dime, 

weight and material of 3515 

devices and legends on 3517 

deviation in adjusting 3537 

Half-Dodar Piece, 

weight and fineness of., 3513,3514 

deviation in adjusting 3536 

Hazing. 

at Naval Academy forbidden 

Harbors and Rivers, 
Secretary of War to submit reports of 

examination of, Sec 231 

Harboring, 

deserters from naval service 1553 

by persons in same art. 8 

seaman of United States who has de- 

serted knowing, <fcc 5455 

Heads of Departments, (see Executive 

Departments.) 
Health. Public, 
observance of quarantine regulations. 

4792 
discharge of cargo of vessel in quaran- 
tine. ......;.. .. 4793 

erection of warehouses and deposit of 

go therein 4794,4795 

ading time of entry for vessels 4796 
revenne-oflicers may be removed, where 

contagious disease prevails... 4797 
public- offices may be removed, &c.. 1798 
courts may adjourn to any other place, 

4799 
prisoners may be removed in case of 

contagions, &c, disease 4800 

Headsti 
in national cemeteries 4-77 



Page. 



118 

118 

118 

57 

119 

119 
119 
119 

285 

181 

285 
285 
285 



144 
119 



120 

120 
120 
120 
120 
120 

120 
120 

120 
120 
120 
120 
121 

43 
44 

43 
44 
44 

43 
44 



81 

83 

48 

84 

237 

237 

237 
237 

237 
238 

238 

238 

28 



Page. 
Hemp for Navy, 
provisions concerning contracts for, 

3718-3722 56,57 

American, to be preferrred 3725 57 

Homestead, 

entrv of public land for 2289 121 

oath, fees, Sec 2290 122 

certificates and patents 2291 122 

rights of infant children. 2292 122 

entrv of. bv persons in military or naval 

service " 2293 122 

not liable for debts contracted prior to 

patent 2296 122 

land abandoned to revert to Government, 

2297 122 

limit of quantity of land for k 2298 123 

minors who have served in Arcny or 

Navy may acquire 2300 123 

settlers may have patent on paying for 

lands. "2301 123 

no distinction on account of race or color, 

2302 123 

mineral lands excluded 2302 • 123 

lands in certain States to be disposed of 

only for 2303 123 

soldiers and sailors may acquire 2304 123 

deduction of time required to perfect 

title 2305 1 23 

homestead settler, period of residence, 

2305 123 

soldiers and sailors may enter additional 

land .2306 123 

widow and minor children of, entitled 

to homesteads, Sec 2307 123 

where foldier died during enlistment, 

whole enlistment deducted ...2307 123 

service in Array or Navy by homestead- 
er equivalent to residence, &C-2308 123 
soldiers, sailors, &c, may make entrv by 

attorney, Sec 1 2309 124 

to make entry, &c, in person, when. 2309 124 

. cultivation of trees on 2317 124 

Honorable Discharge, 

granting of, in the Navy 1 426 262 

form of . 1427 262 

report of men entitled to 1429 262 

pay for re-enlisting in Navy under. 1573 263 
sailors receiving, recommended for em- 
ployment 1755 39 

Hospital for Freedmen, 

supervision, <fcc, of 2038 116 

Hospital for Insane, (see Insane. Govern- 
ment Hospital for.) 
Hospitals, (Marine,) 

collection of tax for 4585 168 

collection of tax due abroad 4586 168 

President authorized to receive gifts in 

aid of 4801 168 

supervising surgeon, appointment, du- 
ties, &c 4802 169 

fund for the relief of sick and disabled 

seamen 4803 169 

certain persons excluded 4804 169 

admission of sick foreign seamen. . .4805 169 
Hospitals, (Xavy.) 
Secretary of Navy to have general su- 
perintendence of 4807 180 

deduction from pay of officers and men 

for fund of 4808 180 

fines imposed to be appropriated to fund 

of 4809 180 

purchase and erection of 4810 180 

an asylum to be provided at one of the, 

4810 180 

regulations for its government 4811 180 

allowance of rations to 4812 181 

pensions to be deducted during stay in, 

'4813 181 

Hours of Bxi.siness, 

in Executive Departments 162 69 

Hours of Labor. 

in the navy-yards 3738 182 

House of Representatives, ' 

number, election, &c, of members of, 

20-27 52 

Hulls of Vessels, 

restriction on repairs of 1538 284 



356 



INDEX. 



Page. 
Hydrographic Office, 

establishment of 431 124 

sale of maps, charts, &c 432 124 

money received from sale 433 124 

Hydrographic Surveys, 
restrictions of appropriations for pub- 
lishing foreign 3686 12 

I. 

Immigration, 
involuntary, from Oriental countries, 

prohibited 2158 125 

voluntary, not affected 2162 125 

States not to impose unequal charges 

upon 2164 125 

from Oriental countries for lewd pur- 
poses 126 

or to hold them for service 126 

duties of consular officers 126 

of coolies 126 

of alien convicts 126 

Importation, 

of dutiable articles in public vessels for- 
bidden art. 12 127 

of obscene articles forbidden 2491 127 

proceedings against 2492 127 

of machinery for repair '2511 127 

of statuary, ' &c 2512 128 

of materials for construction, &c. . . 2513 128 

public vessels not required to enter.2791 128 

Impressment of Seamen, 

duty of master of vessel in reference 

to 4589 260 

Imprisonment, 

for life, in place of death-penalty.. art. 7 16 

Incidental Appropriations, 

shall not be used for compensation . . 3682 11 

Indecent Articles, 

notmailable 3893 209 

Indefinite Appropriations, 
statement of, shall be annexed to esti- 
mates 3670 11 

list of 12 

Indemnity, 

for clothing lost . . . 258, 3689 12, 160 

Incompetency, 

disrating for art. 31 66 

Inefficiency, 

in performance of duty art. 8 16 

Insane. Government Hospital for, 
to be located in the District of -Colum- 
bia 4838 128 

superintendent of 4839 128 

admission of persons of the military or 

naval service 4843 129 

admission of the indigent insane of the 

District of Columbia 4844 129 

order of admission, how granted 4845 129 

certificate of judge or justice on which 

order to be based 4846 129 

application by member of the board of 

visitors 4847 129 

conveyance of indigent insane person 

to hospital 4848 130 

admission of insane persons having 

property 4849 130 

admission of indigent insane non-resi- 
dent 4850 130 

of insane persons accused of crime 4851 130 

of insane convicts. 4852 130 

of private patients 4853 130 

on what certificate. & c 4854 130 

delivery of insane criminals restored to 

sanity 4855 130 

delivery of patients under bond 4856 130 

admission of merchant-seamen to.. note ]31 

Insane Persons, 

not to be enlisted in the Navy 1420 261 

provish n for. of the Navy, care and 

treatment of . . ." .1551 1-28 

punishment for enlisting, in the Navy, 

art. 19 18 
limitation as to commencement of pen- 
sions not to apply to 4709 193 

Inspection, 

of transports, detail of Navy officers 

for 1437 283 



Inspection of Fuel, 
purchased by officers in District of Co- 
lumbia 3711,3713 

Inspectors, 

at yards, authority to discontinue. . .1416 
Insurgents, 

proclamati on of President di spersin g, 5300 
Insurrection, 
jurisdiction in cases of capture under 

title of 563,564,629 136, 

proceedings in captures under laws relat- 
ing to 

against foreign governments 4090 

power of the President to call forth mi- 
litia to suppress 5297-5298 

denial by a State of equal protection of 

thelaws 5299 

proclamation to disperse insurgents. 5300 
when President may declare inhabitants 

of a State to be in 5301 

part of State not declared to be in, un- 
der control of insurgents, <fcc 5302 
suspension of commercial intercourse be- 
tween States in 5303 

commercial intercourse with part of 

State in 5304 

licenses for taking supplies into insur- 
rectionary States 5305 

trading without a license in a State de- 
clared to be in 5306 

investigations to prevent frauds, &c, in 

trade with States in 5307 

confiscation of property employed in aid 

of 5308 

proceedings for, where had and how in- 
stituted 5309-5311 

Secretary of Treasury may prohibit 
transportation of property for aid 

of rebellion 5312 

setting on foot and engaging in 5334 

Intercepting Letters, 

penalty for 3892 

Irons, 

confinement in art. 30 

Irreverent Behavior, 

punishment for art. 3 

Intoxicated Persons, 
enlistment of, in Navy forbidden. . .1420 

penalty for enlisting, in Navy art. 19 

Invalids, 
persons not to draAV pay and pension 

as 4724 

Invalid Pensioners, 

biennial examinations of. &c 4771 

special examinations of 4775 

Invalid Pensions, (see Pensions,) 

terms on which granted 4692 

who shall be entitled to 4693 

Invasion, 
power of the President to call for militia 

to repel 1642 

Inventories, 

of property in Departments 197 

of ship's papers to be made by officer 

taking prize 4615 

of prize property by prize commission- 
ers 1 4622 

of prize property taken for the use of 

United States 4624 

Investigations, (see Congressional Investi- 
gations.) 

J. 

Japan. 
subjects of, not to be transported as 

coolies 2158-2163 

voluntary emigration of subjects of, not 

impeded 2162 

judicial authority of United States min- 
ister and consuls in 4083-4120 

immigration of subj ects of 

Jewels, 
reception and transportation of, in pub- 
lic vessels art. 8 

Judge Advocate of the JS'avy, (see Nwal 

Solicitor.) 
Judge Advicxtes, (see Courts-Martial and 
Courts of Judiciary,) 



Page. 
116; 

181 
131 

137,140 

154 

108 



131 

131 
131 

132 

132. 

132 

132 

132 

133 

133 

133 

133 



133- 

272 



209 



15 



261 

18 



196 



199 
200 



189 
189 



288 
135 
222 
223 
224 



125 
125 



107 
126 



INDEX. 



357 



Judges of Fnitcd States Courts. 

not to exercise profession of attorney. 

counsel, &c 713 

■when to receive salary after resign- 
ing ' 714 

Judgments, 

of district court may be reviewed in cir- 
cuit court . . .' 633 

power of circuit court to affirm, modify. 

reverse. &c 636 

of circuit court mar be reviewed. &c, 

by Supreme Court. £c 691-693 

may be "rendered or directed by Supreme 

Court in prize causes 701 

of supreme court of Territory reviewed 

by Supreme Court 702 

of Court of Claims, in favor of claimant. 

bow paid 1089 

interest on 1090 

interest prior to. wben allowed.. .1091 
iu favor of claimant, a discharge, 

&c 1092 

against claimant, a bar 1093 

not~to work corruption of blood or for- 
feiture of estate 5326 

stealing, altering, falsifying &c., any 
record, writ. &c, of court of Uni- 
ted States 5394 

acknowledging, iu court of United States 
in name of another not privy or 

consenting to same 5394 

■Judicial Authority. 

diplomatic and consular officers vested 

with, in China. Japan. &c 4083 

Judicial Circuits. 

list of 604 

allotment among 606 

judges of. appointment, powers, Sec 607 
Judicial Officers. 
certain diplomatic and consular officers, 

wlieu responsible as. 4110 

July Fourth'. 

public holiday in District of Columbia. . 
Jurisdiction. 

of district courts 563 

of circuit courts 629 

of Supreme Court 687 

of foreign consular officers over contro- 
versies between seamen . ...4079 
of diplomatic and consular officers in 

certain countries 4083-4130 

cession of. over sites for liaht-houscs.<fcc., 
to United States . . . . 4661-4662 

K. 

Kidnaping. 

of persons to be sold or held as slaves.5525 
King's Mountain, 

bounty-land to volunteers at battle 
of 2427 

I>. 

Laboi 

in the Departments, pay 167 

number authorized 169 

not to be paid from contingent 172 

selection of. in navy-yards 15-14 

day's work of. to be eight hours 3738 

Land "rid Naval F 

-to enforce neutrality laws 5287 

to compel departure of foreign vessels, 

&e 5288 

employment of. in cases of insurrection 

_ ast State governments ...529" 

against United States Government. 5298 

in cases of domestic violence, &c. .5299 

to protect rights of discoverer of guano 

islands 5577 

Lands, 
purchases of. for forts, public buildings. 

See 355 

live-oak and red-cedar timber-lands to 

be explored and reserved 2458 

surveyors may be appointed 2459 

cted to be reserved for sole use of 

supplying timber for Navy 2159 

protection of. by land and naval « 
forces .' 2460 



Page. 

152 
152 

141 

142 

147 

149 

149 

65 
65 
65 

65 
65 

172 



112 



112 



138 
138 
138 



110 
121 

136 

140 
147 

89 

107 

158 

265 
25 



70 

70 

70 

181 

182 

183 

183 

131 
131 
131 

118 



243 
243 



243 
243 



Page. 
La nds— Continued . 
cutting or destroying, &c, timber on, 

reserved 2461 243 

vessel carrying away such timber. 2462 243 
clearance of vessels laden with such 

timber 2463 244 

depredations on. how prosecuted 2463 244 

purchase of. on account of United States 

restricted 3736 58 

protection of trees and fences on re- 
served 244 

Landsmen, 

performing the duty of firemen, &C.1570 262 

bounty to, for re-ehlisting 1573 263 

when entitled to bounty -land. .2425-2427 24 
Larceny, 
of Government money or property, pen- 
alty for 5 

La i c of Na Ho n s, 
jurisdiction, of district courts of suits in 

violation of 563 136 

assaulting. &c, public minister in viola- 
tion of the 4062 105 

process against a foreign minister, &c, a 

violation of the.'. 4064 106 

Lawful Money, 
United States notes declared. .3588, 3589 47 

demand-notes declared to be 3589 47 

Laws, 

of United States, publication of, in 

newspapers 79, 3825 8 

promulgation of 204 79 

shall be referred to in estimates 3660 10 

Secretary of State to furnish copies of, to 

Congressional Printer 3803 234 

printing of, number of, for Secretary of 

State, "usual number" 3805 234 

number of, printed for Congress, at close 

of session 250 

for Secretary of the Interior 3808 234 

rates for publishing 3825 7 

how published in District of Columbia, 

3826 7 

extended over citizens of United States 

iu certain countries 4086 107 

League Is'and, 

removal of Philadelphia navy-yard to.. 157 

Leave of Absence, (see Absence.) 
Leaving Station, 

before regularly relieved art. 4 15 

Legations, (see Diplomatic Officers,) 
issue of passports to American citizens 

at 4075 185 

Letters, 
secreting embezzling, destroying, &c, 

* 5467,5469 214 

Letters Rogatory. 
to take testimony in foreign country, 

&c, how to be returned. '. 875 286 

issued by a foreign court, &c 4071 106 

witness not required to criminate him- 
self 4072 106 

penalty of witness for contempt.. 4073 106 

fees and mileage of witnesses . . . : . 4074 106 

Lewd Books, 

not mailable, penalty , 3893 209 

Liberty, 
commanding officers to favor the obedi- 
ent in granting 143 L 262 

deprivation of, by commanding officer, 

art, 24 19 

by summary court-martial art. 30 66 

License to Trade, 

incase of insurrection 5306 133 

Lieutenant- Commanders, 

number of, on active list 1363 161 

promotion to grade of, suspended.. .1363 161 
excess in number of, not to vacate com- 
missions, <fcc 1364 161 

to what duty assignable 1435 161 

pay of '. 1556 162 

Lieutenant*. ( Xary. ) 

number of, on active list 1363 161 

pay of 1556 162 

Life- Saving Stations, 

establishment of 156 

medals of honor for saving life 156 



358 



INDEX. 



Page, 
Light-House Board, 

members of 4653 157 

Secretary of the Treasury ex-officio pres- 
ident of '. 4654 157 

election of chairman, to preside m ab- 
sence of president 4655 157 

general duties and powers of the... 465S 158 
power of, to purchase sites for light- 
houses, &c ....4660 158 

duty of, to prepare plans, &c, of appa- 
ratus and buildings 4665 158 

no contract or bid to be accepted, &c, 

except upon decision of, &c. . .4665 158 

materials for construction or repair to 
be procured by public contracts. 

&c .' 4U66 158 

contracts for erection of light-houses. 4667 158 

duty of, to arrange coasts into light-house 

districts ....4670 158 

no additional salary on Light-House 
Board or on ' light-house serv- 
ice 4679 159 

no member to be interested in any con- 
tract for labor, &c 4680 159 

(See also Light-Houses.) 
Lights, 
to he carried by vessels between sunset 

and sunrise 4233 48-50 

what, to be carried by different classes of 

vessels * 4233 48-50 

Light-Houses, 
appropriations for, how long availa- 
ble 36K5 12 

power to purchase sites for 4660 158 

none to be erected until cession of juris- 
diction 4661 158 

when cession deemed sufficient 4662 158 

preliminary surveys for 4663 158 

Line Officers, 

grades of, on active list 1 362 161 

number in each grade 1 363 161 

relative rank of, with the Army . . .1466 238 
to rank according to date of' commis- 
sion 1467 238 

Line of Duty, 
pensions to persons injured, &c, in.. 4694 190 

pension for loss of both feet, &c, 

in 4697,4698 19] 

Little <£ Brown, 
edition of laws and treaties published by. 

made evidence, &c 908 101 

preservation of 1777 251 

Liquors, 

when allowed on vessels art. 13 17 

Live-Oak Timber, 
land containing, to be explored and se- 
lected for use of Navy 2458 243 

cutting or destroying, Sec, on land re- 
served 2461, 5388 243,244 

vessel carrying aw r ay, forfeited 2462 243 

restrictions on clearance of vessels laden . 

with,&c 4205 244 

penalties, how recovered, &c 4751 202 

Loaning, 
of money by paymasters forbidden . . 1389 6 

of money by public officers forbidden 3639 96 

Local Letters, 

rates of postage on 3904 209 

certain, to be forwarded 3937 212 

Log-Boohs, 
statement of examination of provisions, 

<fcc, to be entered in 4565 258 

Lost Checks, 

settlement with owner of 300 31 

duplicates of, how procured 3646, 3647 32 

Loss of Pay, 

seamen may be sentenced to art. 30 66 

Lost Vessels, 

settlement of accounts of 284 159 

fixing date of loss of , 286 159 

settlement of accounts of seamen of. . 287 159 

compensation to seamen for personal ef 

fects 288 160 

payment to heirs of seamen, &c 289 16Q 

compensation 'to officers for personal ef- 
fects 2^0 160 

continuation of pay to crews of 1574 160 



Lost Vessels— Continued, 
continuation of pay to crew r s of, lost by 

capture 1575 

preservation, and sale of, lost by 

wreck 3755 

aid by consuls to vessels stranded on 

foreign coasts 4238 

M. 

Machinery, 
imported for repair free of duty 2511 

Magazine-Keepers, 

authority to discontinue 1416 

assignment of gunners as 1416 

Magazines, Military, 
purchase of land for 1838 

Mail, 

stealing letter or packet out of 5469 

improperly detaining, destroying, or em- 
bezzling newspapers, <fec 5471 

robbing any carrier, &c, of 5472 

attempting to rob by assaulting, &c. 5473 

voluntarily deserting, <fcc . , 5474 

injuring mail-bag, <fcc, to rob 5476 

accessories to robbery of 5534, 5535 

Mailable Matter, 
provisions concerning 3875-3893 

Mail-Matter, 

rates of postage on newspapers 3872 

extra postage prohibited 3873 

divided into three classes 3875-3878 

weight of 3879 

wrapping and securing 3881 

removing wrappers allowed 3882 

inclosing letters in printed, &c 3887 

detaining, &c, penalty for 3890 

opening, &c. , penalty for 3891 

intercepting, Sec, penalty for 3892 

postage on third-class, to be prepaid. 3897 
•shall not be delivered till postage is 

paid 3900 

rate of, when wholly or partly in writ- 
ing ' 3903 

penalty for removing stamps from. 

3924.3925 

registration of valuable 3926, 3928 

Maiming, 
punishment for 1 5348 

Maltreatment, 

punishment for, in the Navy art. 8 

of persons on shore by persons in the 

Navy art. 8 

of persons taken on board of prize. art. 17 

, of crews of merchant-vessels 5347 

Manslaughter, 
provisions concerning 534L-5343 

Manufactures of United States, 
preferred in purchase of supplies. . .3728 

Maps, 

third-class mail-matter 3878 

to illustrate documents 3779 

when procured by advertisement. . .3780 

Maps and Cliarts. 
to be prepared at Hydrographic Office . 432 
disposal of moneys from sale of 433 

Maps and Illustrations, 
for public documents 3780 

Mare Island, 
pay of clerks at 1556 

Marine Band, 
extra pay to members of 1613 

Marine Corps, 

compensation for loss of effects 290 

transfer of enlisted men from Army 

to 1421 

number and constitution of 1596 

limit not to preclude advancement for 

conspicuous conduct 1597 

separation of staff and line 1598 

qualifications for appointment 1599 

credits for volunteer service 1600 

rank of commandant of 1601 

staff, rank of 1602 

relative rank of , with the Army... 1603 
brevet commissions to officers of . . . 1604 
advancement for conspicuous conduct, 

160.") 



Page. 



160 



160 
281 



127 

181 
181 

181 

214 

215 
215 
215 
215 
216 
216 

207 

2*07 
207 
207 
208 
208 
208 
208 
208 
208 
209 
209 

209 

209 

211 

212 



16 

16 

229 
174 



58 

208 
233 
233 

124 

124 

233 



160 

261 

162 

163 

163 
163 
163 
163 
163 
163 
163 

163; 



INDEX. 



359 



Page. 

Marine Corps — Continued, 
advancement although grade may be 

full.. - "-1606 163 

on receiving vote of thanks .1607 163 

term of enlistment in 1603 163 

oath of officers and men 1609 163 

enlisted men in, exempt from arrest for 

debt. &c 1610 163 

formation into companies, £o 1611 164 

pay and allowances of 1612 164 

extra pay to members of Laud 1613 165 

deduction of pay for hospital-fund. .1614 165 

rations to enlisted men of .-...1615 166 

detachment for service 1616 166 

not to exercise command over yards or 

vessels 1617 167 

substitution of landsmen for marines. 1618 167 

liable to duty in forts. &c 1619 167 

regulations for discipline of 16-20 167 

subject to laws of Navy, except, &c. . 1621 167 

conditions of retirement in 1622 167 

selection of retiring-board 1623 168 

rations, .veto 1146-1149 168 

absence before acceptance of resigna- 
tion art. 10 17 

may acquire homesteads 2304 123 

when to have pension 4693 189 

rate of total-disability pensions 4695 190 

pension according to rank. >xc 4696 190 

not to draw pay and pension 4724 196 

admission to Hospital for the Insane, 4843 129 

Co-operating with the Army 1135 60 

on Army courts-martial. art. 78 288 

Marine -Hospital Service, (see Hospitals.) 

Ma rine-JTospital Tax. 

assessment and collection of 4585 168 

collection of. on vessels sold abroad 4586 16S 

Marines, (see Marine Corps.) 
payment of bounty. &c, due colored. 2032 22 
when entitled to bounty-laud.. 2425-2427 24 
disabled by age, &c, to have half- 
pay 4756 199 

aid to. from surplus iucorne of Navy pen- 
sion-fund '..4757 199 

Marine* Clothing, 

appropriation to pay for, lost 3689 12 

Marine-Schoo s. 
act to establish ' 170 

Marking, 

punishment by. forbidden art. 49 67 

Marshals. 

duty of in prize-courts 4623 223 

allowances to 4645 227 

Ma.ster-at-Arms. 

refusing: to receive prisoners, &c..art. 8 . 16 

Master- Workmen, 

selection of. in navy-yards 1543 181 

the Navy 

grade of 1362 161 

number of. on active list 1363 161 

pay of 1556 162 

Material*. Stores, and Supplies, 

disposal of proceeds of 3618 253 

Mathematics, (see Professors of .) 
■ tiw Navy, 

authority to rate as. from seamen.. 1403 170 

not to discharge from enlistment.. 1409 170 

payof 1556 170 

■ of Vessels, 

provisions relating to 4150 278 

procurement of 3726 58 

part of ration 1580 239 

Mecha 

day'-, work of. to be eight hours ..3733 58 

employment in navy-yard ...1543-1545 181 

Medals of Honor, 

linn in the Navy for gallantry. 1407 261 

ring life at life-saving stations, &c. 156 

Medical Attendance, 

allowances for 1856 172 

Medical (,''>rj,s of the Navy, 

number allowed on active list 1368 171 

relative rank of officers of 1474 171 

rank of. gives no authority to exercise 

military command.. 1488 239 

payof 1556 171 



Medical Directors in the Navy, 

number of, on active list 1368 

relative rank of. on active list 1474 

pay of 1556 

Medical Inspectors in the Navy, 

number of. on active list ..!.._ 1368 

relative rank of, on active list 1474 

pay of 1556 

Medicine and Surgery. Bureau of, 

clerks in 4 1 ii 

appointment of chief of 421-426 

establishment of 419 

assistant to chief of. 1375 

rank and title of the chief of 1471 

of retired chief of 1473 

payof chief of 1565 

Medicines, 

allowance to officers for 1586 

purchases of 3721 

Members of Congress, 

salary of .note 

receiving money. &c, for official serv- 
ices 1781 

receiving compensation for services in 

any claim. <Jcc. 1782 

not to be interestedin contracts . 3739-3742 

bribery of 5450 

acceptance of bribe by,- with intent, 

&c. 5500 

forfeiture of, by accepting bribe 5502 

Menaces, 

punishment for using art. 3 

Merchant- Seam en, 
consular officers not to receive fees, Sec. 

for collecting wages of 1719 

penalty for neglect of duty to, by con- 
sular officers 1736 

alien, how may be naturalized 2174 

when to be deemed citizens 2174 

when entitled to protection 2174 

articles of agreement with 4511 

rules for shipping-articles 4512 

certain, excepted from rules 4513 

penalty for carrying, without arti- 
cles .' 4514 

for accepting seamen illegally 

shipped 4515 

how deserters. <fcc. may be replaced. .4516 

how shipped in foreign ports 45 17 

penalty for illegally shipping 451 3 

effects* &c. of deceased, disposal of .4538 

rules of procedure in regard to 4539 

penalty for neglect, <fec, 4540 

duty of consuls 4541 

wages in foreign ports payable in 

gold 1 4548 

majority of crew, <fcc, may demand sur- 
vey in foreign port :". 4559 

extra pay to, on discharge from unsea- 

worthy vessel .' 4561 

cost of survey, when improperly de- 
manded, to be paid by 4562 

remedy of. for refusal to pay extra wa- 
ges ' 4563 

survey, &c, of provisions, &c, may be 

demanded by 4565 

forfeiture of pay for unfounded com- 
plaint of provisions by 4566 

permission to complain guaranteed 

to 4567 

destitute, care of. by consular offi- 
cers 451 "; 

penalty for refusal to carry 4578 

additional allowance tor carrying 4579 
extra wages, on discharge in foreign 

ports 4580 

penalty for neglect of consul to col- 
lect 4581 

on discharge on sale of vessel 4582 

when, maybe remitted 4583 

disposal of. by consul 15- 1 

hospital-tax, assessment of 1585 

on vessels sold abroad I58fi 

certificate of citizenship to .4588 

protest against impressment of ...4589 

reclamation of desertei a 4600 

forcible abandonment of 5363 



Pa it 



171 
171 

171 

171 
171 
171 

76' 
77 

77 
78 

73 
73 
73 

172 
57 

52 

26 

27 
59 
27 

27 

28 

16 



87 

87 
177 
177 
177 
255 
255 
255 

255 

256 
256 
256 
256 
256 
256 
257 
257 

257 

257 

253 

258 



253 
258 
253 



259 
259 

259 

259 

259 
259 
260 
168 

168 
260 



261 



3G0 



INDEX. 



Merchant- Vessels, 

not to engage in cooly-trade 2158-2163 

may resist pirates, &c 4295 

complaint of unseaworthiness in foreign 

ports 4559 

report of, by inspectors 4560 

discharge of seamen by consul 

after 4561 

payment of cost of inspection 4562 

refusal to pay 4563 

examination of ,may be demanded. . 4565 
forfeiture for 'unfounded com- 
plaint 4566 

seamen on, shall have facilities to 

complain of 4567 

crew-list of, shall be delivered to col- 
lector ^ 4573 

shall be certified by collector 4574 

shall carry destitute seamen 4578 

seamen on, when to have extra wages 

on discharge 4580 

vessels sold abroad, extra wages to 

seamen on 4582 

hospital- tax on, sold abroad 4586 

proceedings on impressment of seamen 

on. 4589 

Meridian, 
for astronomical and nautical pur- 
poses 435 

Messengers, 

pay of. <fcc, in the Departments. .167-170 
Meteorological Observations, 

Secretary of War to provide for . . . 221 
Metric System, 
of weights and measures legalized. .3569 

equivalents of 3570 

Mexican War, 
soldiers of, entitled to warrants. 2418, 2419 

to issue to widows, <fcc, when 2419 

warrants and patents, when to 

issue 2423 

officers, <fec, disabled, to have pen- 
sion 4730 

widows, &c, to have pension 4731 

Midshipman, 

grade as a line-officer 1362 

graduates of the Academy, rank of. . 1483 
cadet-midshipmen, graduates to be pro- 
moted to 1521 

pay of 1556 

rations, or commutation therefor, to 1577 
Militia, 

to repel invasion 1642 

apportion of, called into active serv- 
ice 1643 

subject to rules of war 1644 

Mileage, 

actual expenses in lieu of 

Military Command, 
relative rank of staff-officers gives no au- 
thority to exercise 1488 

Ministers, Foreign, 

jurisdiction of Supreme Court of suits of, 

6tf7-688 

penalty for offering violence to, &e. 4062 

process against, void 4063 

penalty for suing out su ch process 4064 
provisions not applicable to servants 

of. in what cases 4065 

registration of names of persons in ser- 
vice of : 4065 

access to lists 4066 

Ministers of the United State?, 
to China. Japan, &c, judicial authority 

and duty of 4083 

criminal jurisdiction of 4084 

civil jurisdistion of 4085 

jurisdiction of, how exercised and en- 
forced 4086 

trials by, in capital cases 4090 

appellate jurisdiction of 4091, 4092 

appeals from, to circuit court of Califor- 
nia 4094, 4095 

to encourage settlement of civil cases, 

4098 
may assent to settlement of certain crimi- 
nal cases 4099 



Page. 

125 

205 

257 
257 

258 
258 
258 
258 

258 

258 

281 
282 
259 

259 

259 

168 

260 



180 

70 

81 

45 
45 

23 
23 



197 
197 

161 

177 

178 
179 
179 



288 
288 



271 



147 
105 
106 ! 
106 j 

106 

106 

106 



107 
107 
107 

107 
108 
108 



Page. 
Ministers of the United States — Continued, 
may invoke aid of local authorities, when. 

4100 109 

may perform all acts necessary to carry 

out treaties 4100 109 

to issue warrants for execution in capital 

cases. 4103 109 

postponement, &c, of execution by 4103 109 

what jurisdiction of, shall be appellate, 

and what original 4109 110 

responsibility of, as judicial officers 4110 110 

liability of, as public officers 41 10 1 10 

when duties of, shall devolve upon Sec- 
retary of State 4128 112 

Minister, 
meaning of word, in Title Foreign Re- 
lations 4130 112 

pension declarations mav be made before 

4714 195 

Ministers Plenipotentiary, 

shall be deemed diplomatic officers 1674 85 

Ministers Resident, 

term " diplomatic officers " includes 1674 85 

Minors, 

enlistment of, in the Navy 1419 261 

under 16 years of age for bidden.. 1420 261 

punishment for improper enlistment of, 

in the Navy art. 19 18 

who have served in Army or Navy may 

acquire homesteads 2300 123 

Miscellaneous Appropriations, 
shall not be used for compensation . .3682 11 

permanent 3689 12 

Miscellaneous Receipts, 
proceeds of old material, &c, shall be 

covered into Treasury as 3618 253 

Misconduct, 

officers not to be retired for 1456 241 

but brought to trial 1456 241 

Mitigation of Sentence, 

of summary court-martial art. 33 66 

of general court-martial . art. 54 Gs 

Money Orders, 

provisions relating to 4032-4040 213 

Moneys of the United States, (see Public 

Moneys. 
Murder, 

punishment for, in the Navy art. 6 172 

trials for. by diplomatic officers, in cer- 
tain countries 4090 108 

upon high seas, punishment 5323 206 

in certain places, or upon certain waters. 

5339 173 

delivery of body of person executed for, 

for dissection 5340 173 

failure to make known crime of 5390 288 

Mutinous Words. 

punishment for, in Navy art. 8 16 

Mutiny, 

punishment for, in the Navy art. 4 174 

endeavor of crew of American vessel to 

make 5359 174 

certain acts which constitute 5360 174 

Muster-rolls, 
transmission of. to Department. . .art. 20 18 

ST. 

Names of Registered Vessels, 

to be painted on stern 4178 280 

Names of Vessels of Navy, 

rule for giving 1531 284 

two n ot to bear same name 1532 284 

change of names of purchased 1533 284 

Naturalization, 
in foreign countries, to receive protec- 
tion of the United States 2000 34 

in what manner aliens may become citi- 
zens of the United States 2165,2174 174-177 
taking false oath under laws relating to. 

&c 5395 177 

false personation by applicant for, or by 

witness for applicant for, &c . . 5424 34 
knowingly using, &c, any false certifi- 
cate of citizenship 54-25 34 

aiding and abetting offenses mentioned 

in sections 5424-5426 5427 35 



INDEX. 



361 



Page. 
Naturalization — Continued. 
knowiusrlv using certificate of. procured 

through fraud 5428 35 

provisions of sections 5424-5428. when 

applicable 5429 35 

Nautical Almanac. 

who to be in charge of 436 177 

Nautical Books, 

hydrographie office may publish 43-2 124 

disposal of proceeds of sale of 433 124 

Academy. 

clerk to paymaster 1386, 1556 187, 179 

rank of graduates 14^3 177 

rank of engineer-graduates 14-4 98 

when- established. 1511 177 

title of students 1512 177 

number of 1513 177 

nomination and selection of 1514 177 

examination for admission 1515 178 

it-nomination and re-examination. 1516 178 

qualifications for admission 1517 178 

illegal appointees not to be paid.. 1518 178 

found deficient 1519 178 

academic course for 1520 178 

promotion of graduates 1521 178 

education of constructors and engineers 

1522 178 

cadet-engineers 1523 178 

course of 1524 17? 

examination of 1525 178 

course of studies and recitations ...1526 179 
Belection of naval store-keeper for. 1527 179 
procurement and issue of clothing.. 1527 179 
»nment of prof essors of mathemat- 
ics 1401,1528 179.177 

pay of secretary 1556 179 

rations to acting midshipmen 1577 179 

act to prevent hazing 179 

Naval Asylum, 

pay of clerk to paymaster 1556 264 

half pay in lieu of" home in 4756 199 

Natal Constructors. 

number and appointment of 1402 179 

appointment of cadet-engineers as 1403 179 

duties of 1404 179. 

relative rank of 1177 179 

assistant, relative rank of 1477 179 

education of. at Naval Academy 1522 178 

pay of " 15p6 180 

Naval Hospitals, (see Hosp tals, Navy.) 
Naval Observatory, [Wanhingi 

salary of superintendent 434 180 

meridian of. for as ronomical purposes 

435 180 
professors of mathematics to perform 

duty at 1401 230 

Naval Solicitor. 

appointment and salary 349 74 

No vol Sto rekeepers, 

appointment of. at navy-yards 1413 35 

of citizens as. on foreign stations 1414 35 

bonds of 1415 35 

officers as. on foreign stations . 143? 35 

bonds of 1439 35 

detail of , at Naval Academy . ... 15-27 35 
allowance for travel to, on foreign sta- 
tions ;. 1566 271 

pay of officers performing duty as. 1567 36 

■ civilian, on foreign stations . 1568 36 
Naval - 
purchases of, to l><- under direction of 

taryofNavy 3714 56 

provisions concerning contracts for and 

purcl 8-3732 56-58 

publication of advertisements for. 8 
lion. 

rules for pi g llisions 4233 48 

1 circumstances to be considered 

4233 48 
sail--. provided with proper 

lights 4231 51 

lights, by sail-vessel on approach of 

steamer 1234 51 

penalty on not complying 4234 51 

recovery of penalty 4234 51 

pilots to be governed by State regula- 
tions 4235 204 



Navigation — Continued. 
employment of pilots on waters between 

States 4236 

discriminating regulations of pilotage by 

States prohibited 4237 

existing discriminations annulled. 4237 
stranded vessels on foreign coasts, duty 

of consuls 423? 

Navigation. Bureau of, 

clerks in 416 

establishment of 419 

selection of chief of 421 . 422 

Navy- Agents, 

appointment of 3614 

President may increase. &c, bonds of .3639 
Navy Department (see Department of the 

Navy.) 
Navy-Hospital Fund. 

deduction from pay of marines for.. 1614 
from pay of officers, seamen, and ma- 
rines 4808 

appropriation of tines to 4e09 

Navy-Pension Fund. 

estimates of claims. &c, on, shall be 

submitted. &c 3667 

Secretary of the Navy to be trustee 

of'; 4750 

part of penalties, &c, for removing live- 
oak to go to 4751 

prize-money of the United States to be 

part of 4752 

investment of 4753 

rate of interest on , 4754 

Navy-pensions shall be paid from . . . 4755 
half -pay to disabled sailors and marines, 

4756 
certain sailors and marines may have aid 

from surplus income of . ". 4757 

Navy-Pensions, (see Pensions.) 
Navy -Yards, 

purchase of sites for 355 

appointment of storekeepers 1413 

civil engineers 1413 

authority to discontinue civil officers. 1 416 

selection of commandants 1542 

of master-mechanics and workmen. 1543 

of laborers 1 544 

to whom salaries may be paid 1545 

per diem compensation '. . 1545 

employes in. not to contribute for polit- 
ical purposes 1546 

not to be removed for political opinion, 
1546 

pay of clerks to commandants 1556 

of clerks to paymasters 1556 

arsons of dwellings within 5385 

eight hours a day's work 3738 

punishment for offenses committed in, 

5391 
Neglect of Duty. 

punishment in the Navy for art. 8 

Neglect of Orders, 

punishment in the Navy for art. B 

Neutrality, 

power of ministers to preserve 4090 

accepting a commission to serve foreign 
state 5261 

enlisting, &c, to serve foreign state. 52-2 
fitting out vessel to serve foreign state. 

5283 
issuing commission to any vessel foi 

same purpose 5283 

fitting our. vVc . without United States. 
any vessel, to cruise against citi- 
zens, Ac. id' United States ..5284 

taking command of such 52-1 

increasing the force of vessel of war. of 

foreign state 

setting on toot military expedition 
employment of land and naval force.-, for 
enforcement of m-uti alit v-laws, 

to compel foreign vessels to depart, 

&C 52-- 

bonds not to cruise against citizens of 
-late with which Tinted S 
are at peace 5289 



Page. 



204 



204 
204 



281 



165 



180 

180 



11 

202 

202 

202 
202 
202 
202 

199 

199 

181 
35 
35 
181 
181 
181 
181 
181 
181 

1-1 

1-1 
263 
263 
13 
1-2 

288 
16 
16 

108 

182 

182 

182 
182 



1-2 
1-2 



183 
183 



183 
183 



362 



INDEX. 



Page. 
Neutrality— Continued, 
collectors of customs to detain vessels, 

5290 184 

construction as to enlisting, &c.,' treason, 

piracy, &c 5291 184 

Neivspapers, 

publication of -laws in 79 8 

expenditures for, in Departments ...192 184 
for use of Departments must be filed, 

192 184 
amendments to Constitution to be pub- 
lished in 205 79 

sum to be expended for, annually, &c, 

1779 184 

Nitro- Glycerine, 
bow packed and marked for sbipment, 

4475 119 
Nobility, 
titles, &c, of, to be renounced by appli- 
cants for citizensbip 2165 175 

O. 

Oath, 

in summary courts martial art. 28 65 

general court-martial art. 40 66 

courts of inquiry art. 58 68 

Oath of Allegiance, 
by aliens applying for citizensbip ..2165 175 
by parties prosecuting claims Before De- 
partments 3478, 3479 40 

Oath of Office, 

general form of 1 756 184 

form of, to be taken by participants in 

late rebellion '. 1757 185 

who may administer 1758 / 185 

whereto be kept 1759 185 

of marines 1609 163 

Observatory, (see Naval Observatory.) 
Offenders, 

refusal to detect, punishment for. .art. 8 16 

Office, 
jurisdiction of courts of suits to recover 

possession of 563, 629 136-140 

tenure of, for persons holding civil 

office ...■ 1767 276 

suspension from, during recess of Sen- 
ate 1768 276 

when to remain in abeyance 1769 276 

term of, when limited by law, not to be 

extended *. 1770 276 

penalty for illegally accepting or hold- 
ing ,...1 1771 276 

penalty for illegally removing from, or 

appointing to' 1772 276 

notification of appointments to, without 

advice, &c, of the Senate . . 1774 276 

report of expense of removing public, 

on account of sickness.. ... 1776 238 

acccepting consideration for procuring, 

forbidden *. '...1781 26 

district attorney to proceed against per- 
sons illegally holding 1 786 277 

penalty for holding, &c, contrary to four- 
teenth amendment 1787 277 

attached to seat of government, where 

exercised 1796 288 

incapacity to hold, by conviction of 

treason ' 5332 272 

by engaging in rebellion or insurrec- 

" tion.„ 5334 272 

conspiring to prevent, from accepting or 

holding 5518 135 

Old Material. 
proceeds of, shall be deposited in Treas- 
ury, &c 3618 253 

statement of, in Book of Estimates. 3672 253 
Opening Bids, 
notice of, and who may be present at, 

3710, 3722 56, 57 
Opening Letters, 
unlawfully, by persons in postal serv- 
ice .' ... .'. 3891 208 

Opinions of the Attorney- General, 

to be edited and printed, &c 383 75 

Oppression, 
punishment for, in the Navy art. 8 16 



&rders, 

of chiefs of bureaus, force, &c 420 

punishment for disobedience of art. 4 

non-observance of, in battle art. 4 

of Secretary to be considered regula- 
tions 1547 

Ordnance for Navy, 

purchases of, by Secretary .3721 

sale of old ". 

Ordnance, Bureau of, 

clerks and draughtsman in 416 

establishment of 419 

selection of chief of 421, 422 

pay of chief of 1563 

Oriental Countries, (see Gooly-Trade.) 
subjects of, not to be transported as 

coolies 2158-2161 

voluntary emigration of subjects of, not 

impeded 2162 

Ottoman Dominions, (see Consular Courts.) 
judicial authority of United States min- 
ister and consuls in .4125 

Outstanding Appropriations, 

shall be given in estimates 3665 

' ' Outstanding Liabilities, ' ' 

to be covered into the Treasury 306 

what to be sufficient vouchers for war- 
rants, <fcc 307 

how paid when presented 308 

to be reported to Secretary of Treas- 
ury 310 

P. 

Pamphlets, 

third-class mail-matter 3878 

obscene, &c, not mailable 3893 

Pardon, 
of persons having claims not to authorize 

payment .3480 

when minister may submit capital case 

to President 'for 4103 

in case, of a pecuniary anda corporal pen- 
alty .' 5330 

Passed Assistant Engineer, 

title of first assistant changed to 

Passed Assistant Paymasters, 

number of, on the active list 1376 

promotion to grade suspended 1377 

order of promotion of 1380 

bonds of 1383 

clerks to .' 1388 

relative rank of, on active list 1475 

pay of .......1556 

Passed Assistant Surgeons, 

relative rank of, on active list 1474 

pay of 1556 

Passengers. 

on vessels of war, list of art. 20 

destitute seamen in merchant-vessels, 

4577 
Passports, 
clerk in charge of, to administer oaths 

without fee 212 

fee for 

penalty for violation of 4062 

how granted and issued 4075 

in foreign countries, how granted, &c, 

4075 
to citizens of the United States only. 4076 
returns of, to be made to Secretary of 

State 4077 

penalty for issue, &c, of, unauthorized. 

4078 

vessels of United States to have 4306 

penalty on departing without 4307 

for unregistered vessel sailing on sea- 
letter 4308 

deposit of, with consul, &c 4309 

penalty on failing to do so 4310 

falsely making, forging, <fcc . . . '. 5423 

Patented Articles, 

for marine-engines in vessels of war. 1537 
Pay-Corps of the Navy, (see Bisbur sing- 
Officers,) 
number and grades of, on active-list. 1376 
appointments in, by whom made 1378 



Page. 



77 
15 
15 

246 

57 
253 

76 

77 
77 
78 



125 

125 

111 

9 

31 

31 

32 

274 



208 
209 



40 
109 
173 



187 
187 
187 
187 
188 
188 
188 

171 
171 

18 

259 



185 
186 
105 
185 

185 

185 

185 

185 
281 
281 

281 
281 
281 
283 

284 



187 
187 



INDEX. 



363 



Page. 
Pay-Corps of th* Navy — Continued, 
acting appointments at sea. how made, 

\vc 1381,1564 187,188 

bonds of officers of the 136:? 167 

when new. to be gi ven 1364 167 

not affected by new commissions. .1365 167 

clerks to officers of L386, 1367, 1368 187 

advances and loans by officers of 1369 166 

relative rank of officers of 1475 183 

rant of, gives no authority to exercise 

military command . .' 1468 239 

stare-keeper ' at the Academy to be tie- v 

tailed from 1527 35 

pay of officers of the 155G 166 

Pay-Dircc'ors of the Xav>/. 

number of, onactivedist 1376 187 

bonds of 1363 187 

relative rank of, on active-list 1475 168 

pay of 1556 188 

Paymaster-General of the Xavy. 
Chief of Bureau of Provisions and 

. Clothing to have title of 1471 78 

pay of T 1565 186 

Paying off, 
of crew, commanding officer to attend, 

art. 20 18 
Paymasters in the Xavy. 

not to loan money 1389 6 

accounts of. in case of loss or capture of 

vessel, how settled 264 159 

jurisdiction of Court of Claims of claim 

for relief for loss of funds. ,v.c.l062 62 

number of. on the active-list 1376 187 

bonds of 1383 187 

clerks to 1386,1387 187 

commanding officers not required to per- 
form dutyof 1432 188 

relative rank of. on active-list 1475 188 

detail of. as store-keeper at Naval Acad- 
emy 1527 179 

pay of 1556 188 

pay of temporary appointment of.. 1564 | 188 
to furnish consular certificates as to 

prices, &c 3723 57 

Pay mast' rs of the Fleet. 

designation and appointment of 1382 187 

clerks allowed to 1386 187 

Pay of the Marine Corps. 

of officers and men iu 1612 164 

of officers on the retired-list 1274 165 

Pay. 

of chaplains 1 556 31 

of civil engineers 1556 35 

commencement of, of officers examined, 

1495 230 

of line officers * 1556 162 

of cadet-engineers 1556 100 

of clerks to commanders of squadrons 

and vessels 1556 263 

to commanders of yards and sta- 
tions 1556 263 

to paymasters of yards and stations, 

1556 263 

, of receiving-vessels. <fcc 1 556 263 

to fleet-paymasters 1556 264 

to paymaster 'at the Naval Academy, 

1556 264 

to paymaster at the Xaval Asylum. 1556 264 

to inspectors 1556 264 

of officers on furlough 1557 186 

of volunteer naval service 1559 186 

of officers on original entry 1560 186 

of officers promoted to vacancy 1561 186 

of officers delayed in examination ..1562 186 
<>t persons temporarily performing du- 
ties of paymaster 1564 188 

of chiefs of Bnfeaus 1565 186 

of naval sio v-keepei s. officers on foreign 

stations 1587 186 

civilians on foreign stations 156- 186 

of enlisted men of the Navy 1569 ■ 262 

additional for detention bevbndterm.1572 262 
for re-enlisting under honorable dis- 
charge 1573 263 

to crew a of wrecked vessels l." 1 160 

• >J captured vessels 1575 160 

of officers on r :tired-listof the X .<■ . .1588 242 



Page. 

Pay — Continued, 
of certain rear - admirals on retired 

list 1589 . -242 

retired third assistant engineers. . 1590 -J42 

of retired officers on active duty 159-2 242 

of officers retired on furlough-pay. . 1593 242 
when general court-martial in Xavy may 

adj udge suspension of art. 46 67 

deduction from pay of officers, seamen. 

and marines for hospital-fund. 4808 180 

of officers of Medical Corps 1556 171 

Pay Corps 1556 188 

Engineer Corps 1 556 99 

of cadet-midshipmen 1556 179 

naval constructors 1556 180 

professors of mathematics 1556 230 

warrant-officers 1556 285 

Penitentiary. 
for what offenses naval court-martial may 

adjudge imprisonment in art. 7 16 

treatment, &z.c, of prisoners in. 5536, 5550 219-221 
Pension Agents, (see Pensions.) 
Pensions. 

terms on which granted, time of 4692 169 

who shall be entitled to 4693 189 

only for injuries. &c., in line of duty. 4694 190 

rate of. for total disability, period.. 4695 190 
according to rank at time of disability, 

xc .' 4696 190 

for loss of both feet. &c 4697 191 

for loss of both eyes, <fcc 4698 191 

when increase of, to commence 4698i 192 

for disability not provided for 4699" 192 

absentees, under laws relating to . . . 4700 192 

period of service, how construed 4701 192 . 

to widows, orphans. <fcc 4702 192 

increased to widows, &c 4703 192 

to children legitimate 4704 192 

evidence of marriage in case of negroes. 

<fcc T.4705 192 

to children abandoned by mother, <fcc . 4706 193 

to dependent relatives .1 4707 193 

to widows, &c, to cease on remar- 
riage 4706 193 

for injuries, &c, received after March 4, 

' 1861 4709 193 

when to be deemed to have accrued. . 4710 194 

claim for arrears to be allowed 4711 194 

to persons whose claim accrued prior to 

March4,l861 4712 194 

for injuries, &c, received prior to March 

4. 1861 4713 194 

declarations of claimants for 4714 195 

only one to be paid at a time 4715 195 

none to persons engaged in rebellion, or 

to widows, &c 4716 195 

claim for, not prosecuted within five 

years from filing 4717 195 

disposal of, accrued, in case of death. 

<fcc 4U8 195 

unclaimed for three years. &c 4719 195 

under special acts ..." 4720 196 

to colored soldiers as slaves 4723 196 

pay at same time with, not allowed. .4724 196 

half-pay to widows. &c, continued . . 4725 19C 

how long 4726 196 

limit as to amount of 4727 196 

of Xavy. prior to March 4, 1861 .... 472-! 196 
to Navy widows. &c., half-pay contin- 
ued ." 4729 197 

for disabilities, &c, in Mexican war. 4730 197 
to widows. &c, of soldiers. &c, in Mex- 
ican war 4731 197 

of war of 1612 and Indian Avars . . 4732 197 
pensioners on rolls, &c, to have, con- 
tinued 4733 197 

not to be withheld for arrears to United 

States 47.i4 197 

not to widow for same time husband re- 
ceived 4735 197 

to survivors of war of 1812 4736 198 

rateof.&c i':',: 198 

to widows of survivors of warof 1812 17. 5- 193 

proofs required in cases of Burvivo », 

&c 4739 198 

loss of discharge not to prevent receiv- 
ing pension 4740 198 



364 



INDEX. 



■Pensions — Continued, 
to officers, &c , of revenue-cutters.. 4741 

pledge, &c, of, void 4745 

penalty for false affidavit. &c 4746 

not liable to attachment, &c 4747 

printed instructions to be furnished . 4743 

forfeiture of, by desertion 4749 

half -rate for twenty years' service. .4756 

rate for ten years' service 4757 

to privateers'men, fund for 4759 

rate of . how paid 4761 

to persons who have lost arms or limbs. 

act to equalize certain 

increase of, to totally-disabled persons . 
certificates of, to be forwarded to pen- 
sion-agents 4768 

attorney's fees to be deducted from. . 4769 

biennial examinations 4771 

special examinations of applicants for, 

4775 
affidavits to be taken without fee. . 4784 

fee for prosecuting claim for 4785 

agreement to be filed by attorneys in 

claim for 4786 

to be paid to Secretary of Navy when 

pensioner is in Navy hospital. 4813 

false personation of person entitled to, 

5435 
endeavoring to obtain, &c, by forged 

power of attorney 5436 

demanding greater compensation than 

allowed by law 5485 

wrongful withholding of, by person 

prosecuting claim for 5485 

embezzlement by guardian 5486 

receiving or demanding, by pension- 
agent, &c, fee or reward 5487 

Peonage, 

system of, abolished and prohibited. 1990 
duty of officers in New Mexico. ..1991 
holding, arresting, or returning any per- 
son to condition of 5526 

Periodicals, 

restriction on expenditures for 1 779 

postage on, at free-delivery offices . . . 3872 
Perjury, 

before naval court-martial 1023 

provisions relating to 5392-5397 

in procuring approval, &c, of claims. 
art. 14 
Permanent Appropriations. 

statement of. shall be annexed to esti- 
mates 3670 

list of, of Navy 3689 

' Personal Effects^ 

compensation for loss of 238-290 

Petty Officers of the Navy, 

who shall be deemed, <fcc 1410 

punishment commanding officer may in- 
flict on ." art. 24 

pay of, how fixed 1569 

Pickles for Navy 

how. may be procured 3726 

Pillory, 
punishment bv standing in, not to be in- 
flicted 5327 

Pilotage, 

discriminating rates of, prohibited . 4237 
Pilot of War-Vessels, 

when, to have pension 4693 

rate of total-disability pension to.. .4695 
Pilots, 
to be governed by State regulations. 4235 
employment, on waters "between two 

States 4236 

Pilot- Vessels. Sailing, 

what lights to carry 4233 

Piracy. 
jurisdiction of district court in cases of, 

563 
employment of public armed vessels to 

suppress 4293 

seizure and taking into port, pirates. 4294 
retaking vessels of United States un- 
lawfully captured 4294 

merchant-vessels may resist 4295 

may retake vessels from pirates. .4295 



Page. 



198 
198 
198 
199 
84 
199 
199 
203 
203 
201 
201 
201 

199 
199 
199 

200 
200 
200 

201 

181 

113 

113 

201 

201 
201 



55 

207 



203 
204 



11 

12 

160 

261 

19 
262 

58 

172 

204 

189 
190 

204 

204 

49 

136 

205 
205 

205 
205 
205 



Page. 
Piracy — Continued, 

condemnation, &c, of pirate-vessels . 4296 205 

seizure of vessels fitted out for 4297 205 

what vessels may make 4298 205 

custom-officers to seize 4299 206 

provisions of Title Neutrality not to 

prevent prosecution for 529 L 184 

accessory to, before the fact 5323 206 

after the fact 5324, 5533 206, 207 

committing, as defined bylaw of nations, 

5368 206 
making war on the sea by citizen of for- 
eign state, declared 5374 206 

Pirates, 

who are to be deemed 5369-5384 206, 207 

Plundering, 

punishment for, on shore art. 8 16 

vessels in distress or wrecked, &c. .5353 282 
Political Purposes, 

. employes in navy-yard not to be re- 
quired to contribute for 1546 26 

dismissal for exacting contributions . 1546 26 
Police Duties, 

punishment by extra : art. 30 66 

Postage, 

rate of, on newspapers, &c 3872 207 

extra, or carrier's fees prohibited. . 3873 207 
to be prepaid by stamps, unless, 

&c ' 3896 2C9 

on matter of third class 3897 209 

unpaid, on matter forwarded 3898 209 

mail-matter not to be delivered until 

paid 3900 209 

on letters to soldiers, &c 3902 209 

on letters and letter-matter 3903 209 

on drop-letters 3904 209 

on regular printed matter 3905 210 

to be paid quarterly in advance 3906 210 

on transient and" miscellaneous mat- 
ter 3910 210 

on clothing to soldiers 3911 210 

on foreign matter 39 12 210 

on irregular sea-letters 3913 210 

on newspapers and periodicals 210 

on mailable matter of the third class . . . 210 

on public documents 211 

ou Congressional Record 211 

on seeds, &c. 211 

Postage Stumps, 

removal, re-use, <fcc. . of, by employes . 3924 211 

by other persons 3925 211 

Postal Cards, 
penalty for unlawfully intercepting, 

&c. 3892 209 

with indecent epithets, not mailable . 3893 209 

re-use, &c, of, by employes ; penalty . 3924 211 

by other persons ; penalty 3925 211 

Postal Money-Orders, 

provisions relating to 4032-4040 213 

Postmaster-General, 

appointment and term of office of 388 78 

general duties and powers of 396 78 

to negotiate postal conventions 398 79 

to transmit copies to Secretary of 

State i.399 • 79 

to fix rates for telegrams over certain 

lines 5266 270 

to select appraisers in case of purchase 

of telegraph-lines 5267 270 

Post- Office Boxes, 

to be paid for in advance 3901 209 

Post-Office Department, 

Postmaster-General to be head of 388 78 

Assistant Postmasters-General in ...389 78 

Assistant Attorney-General for 390 78 

Pound Sterling, 

value fixed 3565 45 

Power of Attorney. 

to draw wages of enlisted men 1576 21 

to receive payment of claim 3477 40 

penalty for post-dating in pension cases, 

' 4746 193 

falsely making, altering, &c 5421 113 

having in possession any false, &C..5422 113 
endeavoring by means of forged, to ob- 
tain pension, prize-money, wages. 

<fcc 5436 113 



INDEX. 



365 






Page. 
Precedence, 

of commniidino- officers 1463 238 

of the staff-corps 1465 239 

estimating length of service for 1486 239 

of staff-corps, gives no additional right 

to quarters ... 14?7 -239 

of line and staff on boards. &c 1469 239 

Premium 6: 

on sale of drafts, &c 3652 33 

Presents, 

to superiors in office 1764 27 

Presents and Titles, 
diplomatic and consular officers not to 

take 1751 88 

Preserved Meats-. 

how. may be procured 3726 58 

part of navy-ration 1560 239 

Presidential Elections, 

time of appointing electors 131 216 

number of electors 132 216 

vacancies in electoral college 133 216 

failure of State to choose electors ...134 216 

meeting of electoral college 135 216 

list of electors to be furnished 136 216 

manner of voting 137 216 

cerriticates of votes of electors 138 216 

sealing and certifying of 139 217 

to whom sent 140 217 

when to be sent for by Secretarv of 

State ' '141 217 

counting of the electoral votes 142 217 

delivery of certificate in absence of Presi- 
dent of Senate 143 217 

electoral messengers, mileage of 144 217 

forfeiture for neglect of duty by. 145 217 
vacancy in offices of President and Vice- 
President 146 217 

notification and publica'ion of vacancies, 

&c 147 217 

requisites of notification of vacancies . 146 217 

elections to till vacancies 149, 150 216 

President of the United States. 
may change the place of meetingof Con- 
gress 34 54 

election of. (see Presidential Elections.) 

death. A;c. of. provisions in case of. 146 • 217 

resignation or refusal to accept 151 218 

term of office 152 218 

salary 153 218 

officers of the household of, salaries 155 218 

steward of the household of 156 218 

authority of, in filling vacancies in De- 
partments . 179 275 

power of. to suspend civil officers .1766 276 
to fill vacancies happening during re- 
cess of Senate 1769 276 

President's House. 

furniture for 1829 218 

Preside a Vs Message, 

number of, to be printed 3798 234 

when to be delivered bv Congressional 

Printer 3810 234 

1 cation, 

punishment for art. 42 67 

Printed Matter , 
rate of postage on, when marked, 

&c 3903 209 

Printers' Fee*. 

for publishing, &c B53 7 

Printing ai><l Binding, 

estimates for, by Departments 3661 10 

nment Printing-office.) 
Prison 
in jail, writ of habeas corpus not to ex- 
tend to, uuless, &c 7.".3 119 

punishment of master-at-arms tor re. 
fusing to receive, or suffering to 

escape art. 8 16 

pay and allowance of. captured by an 

enemy 1575 160 

under United Stati - laws may be re- 
moved in case of contagion or ' 

epidemic 4800 238 

officer suffering escape of, penalty. .5409 219 
surt'i tag escape of, charged with offense 

. DSt foreign government. .5410 219 



Prisoners — Continued, 
expenses of transportation and con- 
finement of 5536 

marshal may hire temporary jail for . 5537 
marshal to make other temporary pro- 
vision for safe-keeping of . . . 5538 
convicted of offense against United 
States, imprisoned in State jail or 

penitentiary '. . 5539 

selection of penitentiary in another dis- 
trict 5540 

sentenced for period longer than one 

year ... 554 1 

criminals sentenced at hard labor .5542 
deduction from term of. on account of 

good conduct 5543 

application of preceding section 5543, 5544 

allowance for subsistence of 5545 

Attorney-General to prescribe regula- 
tions for government of mar- 
shals. <fcc 5545 

to designate jail or penitentiary for, 

prisoners 5546 

confinement of, in house of correction. 5543 
confinement of juvenile offenders under 

the age of sixteen 5549 

subsistence of juvenile offenders 5550 

deduction from sentence of 

Private Acts. 

not repealed by Revised Statutes . . . 5596 
Private Armed Vessel*, 

fund for pension to persons on 4759 

rates of pensions to officers. &c, on 4761 
names of disabled on, to be entered in 

journal 4762 

Privateer Pension- Fund, 
Secretary of Xavy to be trustee of ..4753 

how constituted 4759 

shall be deposited in Treasury 4760 

Privateer's Journals. 
names of persons disabled, &c, to be 

entered in 4762 

ti anscripts of. to be sent to Secretarv of 

Navy 4763 

Privateersmen, 
monev pledged for support of disa- 
bled...". ...4759 

when shall be placed on pension-list. 4761 
names of disabled, &c, to be entered in 

journal 4762 

Prize. 
jurisdiction of district courts in cases 
of. under Title IxsUKKECTlOX.. 563 

of circuit courts 629 

of district courts after appeal 565 

no appeal from district to circuit court 

in causes of 631 

appeals to Supreme Court 695,696 

new evidence in causes of, on ap- 
peal 698 

captured under laws relating to insur- 
rection 735 

transmission of prize-lists art. 15 

removal of property from vessels art. 16 
maltreating persons taken on a.. art. 17 
provisions applicable to all captures. |613 
definition of term .•' vessels of "the 

Xavy" 4614 

duties of commanding officer making 

capture 4615 

survey of captured vessel and prop- 
erty 4615 

.-ah- of such prize-property 4615 

claim of United States to share 4616 

duties of prize-master 4617 

duties of district attorney.. .. 4618,4619 
not to act as counsel for captors.. 4619 
special counsel may be employed .4620 
prize-commissioners, appointment, qual- 
ifications, and duties of. .4621, 4622 
duties of United states marshal.... 4623 
survey, &.C., of property taken for use 

of United States 4624 

property not sent in. proceedings. 4625 
delivery on stipulation, when and how 

made 4626 



Page. 



219 
219 

219 

219 

219 

219 
219 

220 
220 
220 

220 

220 
220 

220 
221 
221 

249 

203 
203 

203 

203 
203 
203 



203 

203 



203 
203 



203 



136 
140 
221 

141 
148 

143 

154 

229 
229 
229 
222 

222 

222 



222 
222 
222 
222, 223 
223 
223 

223 
223 



224 

224 



366 



INDEX. 



Page. 
Prize — Continued, 
when property may be sold by order of 

court .'. '. 4627 224 

sale, how conducted 4628 224 

transfer of property to another district 

for sale 4629 225 

a ggregate share of captors 4630 225 

distributive shares of captors 4631 225 

vessels entitled to share 4632 226 

restriction on commanding officers of 

fleets, &c 4633 226 

temporary absence not to forfeit 

share 4633 226 

determination of shares 4634 226 

bounty 4635 226 

appeals and amendments 4636 2-26 

powers after appeal 4637 226 

security of costs 4638 226 

costs and expenses 4639 227 

how and when allowed 4640 227 

how paid in case of restitution 4640 227 

distribution of prize-money 4641 227 

of ransom-money, salvage, bounty, 

<fcc 4642 227 

assignment- of prize-money 4643 227 

duties of clerk of district court 4644 2-27 

compensation allowed 4644 227 

allowances, Sec, marshal , 4645 227 

compensation of district attorney and 

prize-commissioner 4646 228 

annual account to be rendered to At- 
torney-General , . 4647 238 

maximum allowance for 4647 223 

excess over amount allowed 4647 228 

of special counsel for captors 4648 228 

no allowance to be made except ...4648 228 

fees to be paid out of what fund 4649 228 

commissions of auctioneers 4650 228 

payment of witness-fees 4651 228 

recaptures, salvage to be allowed. . .4652 228 
restoration of vessel to the United 

States 4652 228 

to owners in certain cases 4652 228 

salvage, how payable 4652 228 

distribution of salvage, method of . . . 4652 228 

prize-laws not to contravene treaties. 4652 228 
property employed in aid of insurrection, 

when lawful subject of, <fcc 5308 133 

proceedings in such cases 5309, 5311 133 

property seized upon inland waters. 5310 133 
false personation of person entitled to 

prize-money 5435 113 

endeavoring to obtain. Sec, prize-money 

by forged power of attorney. .5436 113 
doing any act with intent to defraud, 

<fcc, United States or captor . .5441 114 
Prize-Lists, 

act to correct errors in 229 

Prize-Money, 

officers to discourage sale of . . . .1430 262 

list of persons claiming art. 15 229 

due colored soldiers and sailors 2032 22 

to captors, appropriation for 3689 12 

to be paid into the Treasury for distri- 
bution . . : ' 4640 • 227 

in case of vessels not of the Navy. .4640 227 
division to be made in such cases 4641 227 
in case of vessels not under Navy. .4641 227 
assignment of, void, unless attested 4643 227 
moietv of, to go to Navy pension- 
fund .' 4752 202 

captured by privateers ....... 4759 203 

false personation of person entitled 

to 5435 113 

endeavoring to obtain, &c, by forged 

power of attorney 5436 113 

" Proceeds of Government Property" 

to be covered into Treasury 3618 253 

Proclamations, 
conduct to be observed toward alien ene- 
mies 4067 8 

of foreign consular officers in maritime 

cases 4079 89 

to insurgents 5300 131 

of insurrection 5301 132 

Profanity. 

punishment for, in the Navy art. 8 16 



Page. 
Professorsof Mathematics in the Navy, 

number of 1399 230 

by whom appointed 1400 230 

duties of 1401 230 

relative rank of, on the active list. .1480 230 

for duty at the Naval Academy 1528 179 

pay of 1556 230 

Proof-Sheets, 

when to be third-class mail-matter. 3878 208 

Promotion in the 2farine Corps, 

for gallant conduct 1605 163 

on receiving vote of thanks 1607 163 

Promotion in the Navy, 

of seamen to warrant-officers 1407 285 

to vacancies created by retired list. 1458 241 
of commodores on retired list. 1460, 1461 241-242 
of retired officers with their dates on act- 
ive list 1461 242 

physical examination before 1493 230 

Ayounds not a disqualification for 1494 230 

to a grade limited in number 1495 230 

professional examination before.. 1496- 

1505 230 

to rear-admirals in time of peace ... 1 497 230 

of officers for eminent conduct 1506 231 

although grade may be full 1507 231 

on receiving vote of thanks 1508, 1 509 231 

to vacancies caused by death, &c, of 
officers who received vote of 

thanks 1510 231 

commencement of pay, on 1561 231 

of retired officers, not to increase pay. 

1591 242 

Proposal, 
falsely making, altering, forging, <fcc, 

5418 113 

Prop>osa's for Naval Supplies, 

provision concerning 3709-3724 56-57 

how to be published". 3828 8 

Prostitutes, 

immigration of, forbidden 126 

Provisions and Clothing, Bureau of, 

clerks in 416 76 

establishment of 4 L9 77 

selection of Chief of 42 L, 425 77 

pay of Chief of 1565 78 

relative rank and title of the Chief of. 147 1 73 

of retired Chief of 1473 73 

Provisions for the Nary. 

punishment for waste of art. 8 1 6 

contracts for 3718-3722 56-57 

Provoking Words, 

punishment for using art. 8 16 

Public Documents, (see Government Print- 
ing- Office, ) 

safe-keeping and distribution of 497 232 

provisions as to distribution of. .500-505 232 

duties of superintendent. &c 503 233 

postage on 211 

Public Money, 
accounts of, to be settled within fiscal 

year 250 5 

transcripts from books, &c, of Treas- 
ury Department, evidence in suits 

for 886 100 

in trial of indictment for embezzling, 

887 100 

embezzlement of, by persons in naval 

service art. 14 18 

no extra allowance for disbursement of, 

1765 104 

subject to draft of Treasurer 3593 274 

special agents shall give bonds 3614 21 

to be deposited without deduction. 

3617-3619 252-253 
to be drawn for only as required ..3620 91 
how kept where there is no public de- 
pository 3620 91 

to be deposited and receipted for 3621 91 

accounts of, to be rendered monthly. 

&c 3622 91 

distinct accounts of disbursement of, by 

appropriations 3623 92 

neglect or refusal to deposit ... 3624 92 

distress-warrants. &c 3625-3638 93 

to be safely kept. Sec 3639 96 

no advance of, shall be made 3643 



INDEX. 



367 



PtMic Money — Continued. 

exchange of, restricted 3651 

premiums on, to be accounted for. .3652 
for use of Navy Department, how 

drawn ' 3673 

certain, to be credited to appropriations. 

36i>2 

deposit of, in national banks 5153 

embezzlement of. furnished for military, 

A-c, service 5439 

depositing, otherwise than authorized by 

law, converting, &c 54s6. 5490 

failure of public depositary safely to 

keep 5469 

failure to render accounts as provided 

by law 5491 

failure to deposit with Treasurer. Arc. 

when so required. &c 549-2 

application of sections 5466-5492 5493 

what shall be evidence on trial of indict- 
ment for embezzlement of 5494 

what shall be prima-facie evidence of 

embezzlement of 5495 

receiving, from disbursing officer. Arc, 
on deposit, loan. &c, by bankers. 

Ac 1 5497 

PuhVc Offices, 
report of expenses of removing, by rea- 
son of sickness 1776 

removal from seat of Government in 
case of contagious diseases. . 471/6 
destroying or carrying away, &c, docu- 
ment or record deposited 

in 5403, 5406 

Public Printing, (see Government Print- 

ing-Cffice.) 
Public Property, 
punishment in the Navy for destruction 

of art. 4 

for not preventing destruction of art. 6 

for wasting art. 6 

purchase from officer. &c, not author- 
ized to sell art. 14. 3490 

embezzlement of. by persons in naval 

service art. 14. 543: 

proceeds of sales of certain, shall be cov- 
ered into Treasury 3618 

statement of proceeds of sale in book of 

estimates 3672 

Public Worship, 

performance of. bv chaplains in the 

Navy 1397-1396 

Punishments, 
for offenses not specified in arti- 

art. -2-2 

committed on shore art. -23 

by commanding officer art. 24 

to be entered' on ship's log art. 24 

by officer temporarily command- 
ing .' art. 25 

by summary court-martial art. 30 

by general courts-martial art. 35 

in .Suites. &c, all persons to be subject 

to like J977 

by consular courts, method of 41 il 

for murder, insurrection, or rebell- 
ion 410-2 

for contempt, limit of 4104 

Q. 

■Quarantine. / 

to be observed bv United States officers, 

4"; 92 

discharge of cargo of vessels in 4793 

erection of warehouses at 4794 

deposit of goods therein 4795 

time for entry may be extended 4796 

Quarreling, 

punishment for. in the Navy art. 8 

fomenting, in the Navy art. 8 

Quarters, 

rank of staff-officers gives no additional 

right to 11-7 

pusillanimously crying for, in battle. 
art. 4 
iQuarterin nstr-r. 

of Marine Corps, rank of 1602 



Page. 

3-2 
33 

11 

12 
274 

114 

92-97 

97 

97 

97 
97 



238 
237 



15 
16 
16 

18-41 

16-113 

253 

253 



31 



109 
110 



237 
237 
237 
237 
237 

16 
16 



239 
15 



163 



Page. 
Quo Warranto. 
for removal from office 563, 629 136-140 

K. 

Railroads, 

payments, on account of transportation 

or freights, to be withheld. <fcc, 

(see after index — Addenda) . . .5260 

right of company to sue iu Court of 

Claims '. 5261 

Hank. 
of assistant surgeons absent when enti- 
tled to examination 1372 171 

relative, of Army and Xaw officers, 

1466 238 

of line-officers according to date 1467 238 

of chiefs of Bureaus . .' 1471 239 

when line-officers 1472 239 

of retired chiefs of Bureaus 1473 78 

relative, of the Medical Corps 147 1 171 

of the Pay-Corps 1475 188 

of Engineer-Corps 1476 98 

of naval constructors 1477 1*79 

of civil engineers 1478 35 

of chaplains 1479 31 

of professors of mathematics 1460 230 

of retired staff-officers from age and 

length of service 146 1 242 

from causes incident to the service, 

1482 242 
of graduates of the Naval Academv, 

14e3 177 

of enaineer-araduates of the Naval 

Academy 1464 98 

of line and staff on courts. &c 1489 239 

assimilated, to warrant-officers . .1491 239 

of officers of revenue-cutter service, 

on duty with the Navy 1492 239 

of commandant of the Marine Corps, 

160 L 163 

of the staff of the Marine Corps . .16 '2 163 

of Marine Corps with the Army.. 1603 163 

Ransom-Money, 

distribution of '4642 227 

Rape, 

punished by death 5345 p 173 

Rates of Vessels, 

oftheXavy ..1529-1530 283 

Rating, 
reduction of. bv commanding officer, 

art. 24 19 

by summary court-martial art. 30, 31 66 

Rations, 
to midshipmen and acting midshipmen. 

1577 239 

to what other persons allowed 1578 239 

to whom not allowed 1579 239 

constituents of 1580 239 

substitutions for parts of. 1581 240 

diminution or variance of J5s2 240 

stopped, for the sick 1563 240 

additional, of tea and coffee 1564 240 

commutation-price of 1585 240 

not allowed to retired officers 1595 240 

to enlisted men of the Marine Corps 1615 166 

to revenue-cutter officers 2755, 2756 245 

allowance of. to Navy hospitals 4812 181 

Rebellion, 
militia may be called forth to suppress, 

1642 288 

subject to Rules and Articles of war. 

1644 288 

claims of persons who sustained the, not 

• to be paid 3460 40 

land and naval forces employed to sup- 
press ' 5298 131 

setting on foot, engaging in, &c, against 

United States 5334 272 

Rebels. 
intercourse with and receiving messages 

from art. 4 15 

not to be paid pension 4716 195 

RecapUni'. 

of a vessel, salvage allowed for — 4652 228 
Rece ptx. 
making, &.C., false, to obtain payment of 

claims, Arc art. 14 17 



368 



INDEX. 



Receipts— C on tinned . 
making-. &c, false, by persons not in na- 
val service to obtain claims, 

<fcc 3490 

falsely making, &c, to obtain money 

from United States 5421 

having in possession any false, &c, to 

defraud United States 5422 

making or using by any person of any 

• false, to obtain claims 5438 

delivery of less money or property than 

described in ' 5438 

giving, for public property with intent, 

&c 5438 

paying, &c, a sum less than provided hv 

law, &c : 5483 

Rear -A dmira Is, 

grade of 1362 

number of, on active list 1 363 

selection and promotion of, during 

war 1365 

" duringpeace 1366 

promotion to grade of, in time of 

peace 1497 

pay of 1556 

Record, 

destroying, or carrying away any pub- 
lic. .'..5403,5408 

Recruiting, (see Enlistment,) 

to serve against United States 5337 

Red- f edp r Tim ber, 

lands containing, to be explored 2458 

cutting or destroying, &c 2461 

vessels carrying away 2462 

Registered Letters, 

provisions relative to 3926 

Registry of Vessels, 

registered, to be deemed vessels of the 

United States. &c 4131 

what vessels entitled to 4132 

vessels owned by non-resident citizens 

not entitled to, <fcc 41 33 

owned by non-resident naturalized cit- 
izens 4134 

, new register on transfer to resident 

citizens 4134 

American vessel sailing under foreign 
flag during rebellion not entitled 

to 4135 

of foreign -bu: It vessels wrecked and re- 
paired in United States, when. 4136 
of vessels owned by incorporated compa- 

panies, how made 4137 

new registry on death, <fcc, of presi- 
dent, &c., of corporation 41 38 

measurement to be expressed in. . . 4150 
register-tonnage, table of classes, and 

rules for ascertaining. . . 4153 

certificate of, to be issued by collect- 
or 41 55 

variation of form in certain cases 4156 
forfeiture of registered vessel, &C..4172 

numbers for registered vessels .4177 

names of. to be carried on stern, &C.4178 
falsely making, forging, altering, &C.5423 
Regulations of the Navy, 

orders. &c , to be considered ... 1547 

officers to be furnished with copy of 1548 
punishment, for disobeying lawful, art. 8 
for discipline of the Marine Corps.. 1620 
Rejection of Bids, 
for naval supplies, certaie authoriz- 
ed 3722, 3724 

Relief, 
punishment for failing in battle to af- 
ford art. 4 

Relief of Destitute Seamen, 
consular officers not to receive fees. &c, 

on payments for 1719 

Remission of Sentence, 

_ by general court-martial art. 54 

Removal from Office, 

contrary to law, penalty for 1772 

Repairs, 

to hull and spars of vessels 1538 

to sails and rigging 1539 



Page. 



41 

113 

113 

113 

113 

113 

101 

161 
161 

161 
161 

230 
162 

71 

273 

243 
243 
243 

212 

277 
277 

277 

278 

278 

278 

278 

278 

278 
278 

278 

279 
279 
279 
280 
280 
283 

246 

247 

17 

167 



15 

87 

68 

276 

284 
284 



Page. 
Repeals, 

of statutes, effects of 12, 13 248 

of certain acts embraced in Revised 

Statutes 5596 249 

not to affect acts done, accrued rights. 

&c 5597 249* 

offenses committed and penalties, <fcc, 
incurred prior to repeal by Revised 

Statutes ' 5598 249 

acts of limitation embraced in Revised 

Statutes 5599 249 

acts passed subsequent to Revised Stat- 
utes 560 1 250 

Reports, 
failure or refusal of officer to make, 1780 55 

of bureau-officers, &c, how to be printed, 

3788 233 

number of annual, to be printed 3798 234 

Reprimand, 

punishment in the Navy by art. 24 19 

not to be entered on ship's log. .art. 24 19 

Reproachful Words or Gestures. 

punishment in the Navy for using, art. 8 16 

Requisitions, 

money to be drawn on 3673 1 1 

Reservations on Contracts, 

may be relinquished 3730 58 

Reserved Lands, (see Lands.) 
Resignation, 
to escape dismissal by court-martial, 1441 92 

leaving post before acceptance of, art. 10 17 

Retention. 

from pay of marines 1614 165 

Retired List of the Marine Corps, 

provisions concerning 1622 167 

Retired List of the Navy. 

retirement on own application 1443 240 

from age or length of service 1444 240 

in certain grades for disability only, 

1445 240 

of officers who have received vote of 

thanks 1446 240 

of officers not recommended for promo- 
tion 1447 241 

formation and powers of board . 1448-1453 241 

officers placed on, from incidents of the 

service 1453 241 

from other causes 1454 _ 241 

when wholly retired 1454' 241 

officers not to be placed on, without hear- 
ing 1455 241 

nor for miscon duct 1456 241 

officers on, to be continued on the regis- 
ter, &c 1457 241 

vacancies caused by, how filled 1458 241 

officers oh, to be withdrawn from com- 
mand, &c 1459 241 

number of rear-admirals on, bv promo- 
tion ' 1460 241 

officers on, entitled to promotion 1461 242 

employment of, in time of war 1462 242 

assignment of, to squadrons 1463 242 

selection of. as flag-officers 1464 242 

restoration of, to active list 1465 242 

pay of officers on 1588 242 

of certain rear-admirals 1589 242 

of third assistant engineers 1 590 242 

of officers promoted on 1 59 1 242 

of officers on active duty 1592 242 

of officers retired on furlough -pay, 1593 242 

transfer from furlough to retired pay, 

1594 243 

rations not allowed to officers 1595 240 

Returns- Office, 

contracts to be filed in 512 247 

manner of filing returns 513 247 

index of returns, how to be kept ...514 247 

certified copies, how furnished 515 247 

when and how evidence 888 10 1 

Revenue-Marine Service, 

rank of, serving with the Navy 1492 239 

for what purpose maintained 2747 245 

number of officers and men in, <fcc, 2749 245 

grades of engineers in, rank and pay, 2750 245 

commissioned officers in, appointment, 

2751 245 



INDEX. 



369 



Page. 
Reven ue-ICa rine Service— Continued. 

qualifications 2752 245 

compensation 2753 245 

rations 2755 245 

wages of petty officers and seamen in, 2754 245 

Revenue- Cutters, d-c., 
for what purpose maintained. &c., 2747 245 

untit for service to be sold 274? 245 

officers and men of 2749 245 

when to co-operate with Xa vy 2757 246 

for protection of the revenue 2758 246 

on the lakes, to aid vessels in distress 2759 246 
officers of. to be deemed officers of cus- 
toms 2760 246 

master of. to make weekly returns to col- 
lector. ,vc 2761 246 

additional duties of officers of 2762 246 

how distinguished, ensign and pendant 

of . . 1 , .2764 246 

may fire at vessels not bringing to. 2765 246 

officers. &c., of. when to have pensions, 

4741 198 

Revised Statute. 

what are embraced in 5595 249 

what acts of Congress embraced in are 

repealed 5596 249 

repeal of acts embraced in, not to affect 

acts done. \c 5597 249 

prosecution ami punishment of offenses 

under statutes embraced in.. 5598 249 

acts of limitation embraced in. &c, 5599 249 

classification of sections in. construction 

to be drawn from. <fcfl 5600 249 

not to affect a.ts passed since .December 

1. 1873 560L 250 

distribution of 250 

editing, printing, &c, of 251 

authentication of 251 

Robbery. 
upon hiiih seas, accessorv before the fact, 

5323 206 

accessorv after the fact 5324 206 

on high seas. Szc. penalty, death 5370 206 

person landing from piratical vessel, and 
committing robbery on shore, to 

suffer death 5371 206 

on high seas, or in harbor. <fcc, out of 

j urisdiction of any State 5372 206 

under color of commission from foreign 

state 5373 206 

of the mail 5472 215 

accessory to same, (see after index — Ad- 
denda) 5534 

Rules. 
for navigation of vessels 4233 48 

S. 

Safe-Conduct. 
penalty for violation of any 4062 105 

Sailing-Directions. 
publication of. &c 431 124 

Sailors' Letters, 
prepayment not required 3902 209 

SaUmakers in the Navy, 

number and appointment of 1405 285 

to be known as wan -ant-officers 1406 285 

assimilated rank to 1491 2n5 

pay of 1556 285 

Salaries, 

none to unauthorized officers 1760 275 

to persons appointed during recess of 

Senate 1761 275 

to persons holding office illegally... 1762 275 

not to be paid for two offices. 1763 104 

none to officers or clerks performing du- 
ties oi another .1764 104 

none to any person in arrears 1766 13 

apportionment of. for part of year's serv- 
ice ' 2687 104 

estimates for, shall be founded on ex- 
press provisions of law 3662 10 

Sailors in the Navy, (see also Seamen and 
Merchant- Seamen,) 
settlement of accounts of lost vessel, 

286, 287 159 

compensation for personal effects .. 288 160 

to whom paid, in case of death 289 160 

24 N L 



Page. 
Sailors in the Navy— Continued. 

permanent appropriation for 3689 1 2 

promotion of, for heroism, &c 1407 261 

• rating of, as mates 1408 170 

not to discharge from enlistment 1409 170 

appointment of, as warrant-officer, not a 

discharge from enlistment 1409 170 

number authorized to be enlisted. . .1417 261 

additional pay to, as firemen 1570 262 

bounty, prize-money, &c. due colored. 

2032 22 

when to have pension 4693 189 

rate of total disability, pension to. 4695 190 

when not to be deemed deserters 4749 84 

disabled, to have half -pay ,...4756 199 

certain, may have aid from surplus in- 
come of Navy pension-fund.. 4757 199 

hospital-relief for 4807, 4813 180. 181 

burial, in national cemeteries 4878 28 

enticing to desert, &c 5455 84 

may acquire homesteads 2304 123 

Sales, 

of public armed vessels* 1540 284 

of vessels and materials 1541 284 

report of to Congress 1541 284 

of prize-propertv which cannot be taken 

into port 4615 222 

of prize-property by order of the court, 

46-27, 4628 224 

of prize-property transferred to another 

district 462a 225 

of old materials ' 3672-3692 11-12 

deposit of proceeds 3617-3618 252-243 

of old ordnance 253 

Salvage, 

distribution of 4642, 4652 227-228 

in certain cases of recapture 4652 228 

of vessels, <fcc, by privateers 4759 203 

Sanitary, 
condition of crew to be inquired into, 

art. 20 18 

Scandalous Conduct, 
punishment for, in the Navy . . .... art. 8 16 

Sea-duty. 

staff-officers, when exempt from 1436 78 

Sea-Service. 

definition of 1571 263 

Sea-Letters, 

to be issued to what vessels 4190 280 

making or using any forged, &c ...4191 280 

vessel sailing under, i% be furnished with 

passport 4308 281 

deposit of, with consul 4309 281 

return of, by consul 4309 281 

penalty for neglecting to deposit . . . 4310 281 

falsely making, forging, altering, &c, 

5423 283 

Seal. 

on instruments provided by law •. . .6 248 

on copies of records, &c . . .' 882-883 100 

Seal of the United States, 
Secretary of State to have custody 

of' 203 79 

what declared to be 1793 105 

affixing of. to civil commissions 1794 1 05 

Sealed Proposals. 
for supplies, <fcc, how opened, &C.3710 56 

for naval supplies 3718, 3722 56-57 

Sedition, (see Conspiracy.) 
Seamen. Merchant, 

provisions concerning 4501-4600 253 

alien serving on merchant-vessels may 

be naturalized. <fce 2174 177 

Seamen. Deserters. 
neglect of duty relative to, by consular 

officers 1736 87 

Seamen. Foreign, (see Foreign Seamen.) 
arrest of, on application of consul. . 4080, 89 

4081 89 

Seamen's Clothing. 

appropriation to pay for, lost 3689 12 

Seat of Government of the United States. 

what declared to be the permanent. . 1795 288 
offices attached to, where to be exer- 
cised 1796 288 

public offices at, maybe removed in case 

of contagious, &c, disease 4798 238 



370 



INDEX. 



Page. 
Second Assistant Engineers in Navy, 

number and rank of 1390 98 

qualifications for appointment 1392 98 

appointment of cadet-engineers, as. . 1394 99 

relative rank of, on the active list. . 1476 98 

pay of 1556 99 

Second Comptroller, 

duties of 273 6 

to prescribe rules for payment of ar- 
rears .' 274 6 

to detail clerk to sign bounty-certifi- 
cates 275 6 

to state and certify accounts of delin- 
quent officers 3633 94 

duty as to requisition of War and Navy 

Departments 3673 11 

Secretary, 

to tbe President, salary of .'. . 155 218 

to Admiral and Vice-Admiral 1367 263 

pay of 1556 263 

to commanders of squadrons 1556 263 

of Naval Academy 1556 263 

Secretary of the Interior^ 
to be bead of Department of tbe Inte- 
rior ....:... 437 73 

to prescribe duties of Assistant 439 73 

feneral duties of 441 73 

uties of, relating to Territories 442 73 

charged with custody and distribution of 

public documents 497 232 

to direct compilation of Biennial Regis- 
ter 510 21 

to provide rooms for returns-office, &c, 

512 247 
Secretary of the Navy, 
warrants drawn by. to be countersigned, 

273 6 

to be bead of Department 415 76 

general duties of 417 76 

to have custody of books, &c 418 77 

to distribute business among Bureaus, 419 77 
duties of Bureaus performed under au- 
thority of ... . 420 77 

to make collection of captured flags 1554 105 

annual reports of 429 77 

when to direct revenue-cutters 2757 246 

shall submit estimates of demands on 

naval pension-fund 3667 11 

appropriations for Navy to be under his 

control .' 3676 11 

to be trustee of Navy pension-fund. 4750 202 
may mitigate, &c, penalties for destroy- 
ing, &c, live-oak 4751 202 

shall invest Navy pension-fund. &C.4753 202 

may grant aid to sailors, &c, from Navy 

pension-fund 4756-4757 199 

shall be trustee of privateer pension- 
fund 4758 203 

charge of reserved timber lauds 2458 243 

Secretary of the Smithsonian Institution, 

i see Smithsonian Institution.) 
Secretary of State, 

duty of, as to vacancies in offices of 

President and Vice-President . . 147 217 
resignations of President . and Vice- 
President to be delivered to 151 218 

to be head of Department of State 199 79 

to have charge of foreign affairs 202 79 

to have custody of seals and property of 

Department of State 203 79 

to promulgate the laws 204 79 

to promulgate amendments to Constitu- 
tion 205 79 

to prepare Revised Statutes, &c 251 

to furnish Congressional Printer with 

copies of laws, treaties, &c. ..3803 234 

to keep seal of United States, make out 
civil commissions, and affix seal, 

1794 105 
Secretary of the Treasury, 
to be tbe head of the Treasury Depart- 
ment 233 80 

not to engage in certain business 243 80 

to prescribe duties of assistants 245 80 

delegation of Assistant, to sign war- 
rants 246 80 

general duties of 248 80 



Page. 
Secretary of the Treasury— Continued, 
to cause accounts to be settled within 

"fiscal year 250 5 

reference of certain accounts by, to Court 

of Claims 1063 62 

proceedings in such cases 1064 62 

judgment on accounts 1065 62 

to communicate notices of appointments 

without advice of the Senate .1774 276 
shall annex to estimates a statement of 

indefinite, &c, appropriations 3670 11 

authority of, to compromise claims of 

United States 3469 82 

shall proclaim value of foreign coins . 3564 45 
Secretary of War, 
to be the head of the "War Depart- 
ment 214 81 

general duties of 216 81 

to provide for meteorological observa. 

tions and storm-signals 221 81 

to provide for signal-stations, &c 222 81 

to establish telegraph-lines connecting 

signal-stations 223 81 

to report on river and harbor surveys 231 81 

cbief clerk to sign requisitions for 81 

Seditious Words, 

punishment for uttering art. 8 16 

Seeds, 

transmission of, under frank 211 

Sentences, (see Courts-Martial.) 
Ship-Letters, 

rates of postage on 3913 210 

receipt and delivery of 3976 210 

Shipping- Articles. 
to contain provisions as to expiration of 

enlistment, (Navy) 1425 262 

form, terms, &c, of (merchant) 4511 255 

rules for making, signing, &c 4512 255 

exceptions to 4513 255 

penalty, for carrying seamen without 

making 4514 255 

penalty for shipping seamen with- 
out 4515 256 

of seamen engaged in foreign ports. 4517 256 
consul shall indorse receipt, <fcc , for ef- 
fects of deceased seamen on . . 4539 256 
discharge of seaman deserter by consul, 

&c, to be entered on 4600 260 

Shipping- Commissioners, 

provisions concerning 4501-4508 253-255 

Sick, 

convenient place to be set apart for. art. 20 18 

Shore, 
offenses committed on, by persons of the 

Navy art. 23 19 

Signal- Stations, 

Secretary of War to provide for 222 81 

Signals, 

to be used by pleasure-yachts 4215 288 

Silver, 
transportation of, in public vessels. art.8 16 

disbursement of 3651 32 

Silver Coins, 

denomination, weight, &c 3513, 3536 44 

Slave-Trade, 

jurisdiction of circuit courts 629 140 

limitation for finding indictment. . .1046 264 

provisions relating to.. 5377, 5382, 5551, 

5569 264-268 

Sleeping on Watch, 

punishment for, in the Navy art. 4 15 

Small Stores, 

credits for loss of 284 159 

Smithsonian Institution, 

incorporation of 5579 268 

Board of Regents of , &c 5580 268 

appointment, term of office, &c 5581 268 

organization, executive committee.. 5582 269 

duty of secretary of 5583 269 

reception, arrangement, Sec, of objects 

of art, <fec, for 5586 269 

Solicitor- General, 

appointment, duties, and salary of... 347 73 

may be sent to attend courts of any 

State 367 75 

when traveling, expenses of, allowed. 370 75 

Solicitor, Naval, (see Naval Solicitor.) 



INDEX 



371 



Page. 
Solicitor of the Treasury. 
copies of books, Sec, in office of, made 

evidence B83 100 

to bring suits against officers in arrears. 

1766 13 

duty in compromise of claims 3469 82 

to issue distress-warrant against delin- 
quents 3625, 3633 93, 94 

Solitary Confinement, 
puuishmeut by commanding officer.art.24 19 

by summary courts-martial art. 30 66 

Spanish Language, 

professor of. at Naval Academy 1528 179 

Specie, (see Gold and Silver.) 
il Agents, 

to disburse public money 3614 21 

Special Counsel, 
employment of. to aid district attorneys, 

363 75 

compensation of 365 75 

appointmeut. commission, and oatb of, 

366 75 

Spies, 

punishment of, in the Xavy art. 5 16 

Spirits. Distilled. 

reception on board vessels of war. art. 13 17 

Squadrons. 

detail of retired officers to command. 1463 242 
Stabbing. 
with malice, upon certain waters . . . 5339 173 

unlawfully and willfully, without malice, 
in certain places and on certain 

waters 5341 173 

Staf, Marine Corps, 

separate from the line 1598 163 

rank of.. 1602 163 

Staff- Officers. Navy, 

when exempt from sea-duty 1436 78 

right of communicating; with command- 
ing office - 1470 239 

relative "rank of, retired from age, &c, 

1481 242 
retired from causes incident to the serv- 
ice 1482 242 

precedence of, Sec 1485 239 

length of service of. how estimated. 1486 239 

no additional right to quarters 1487 239 

no authority to command 1488 239 

rank and precedence of, on courts, &c, 

1489 289 

Standard C 
of nations of the world, value of, Sec, 

3564 45 

Standards, 

taken by Xavy from enemies 1554 105 

preservation and display of 1555 105 

State Department, (see Department of 

State.) 
Station. 
punishment for leaving, before relieved, 

art. 4 15 

for deserting, in time of battle.. art. 4 15 

absence from, without leave, art. 8 17 

ery, 
contracts for. limited to one year . .3735 58 

Statutes at Large, (see Revised. Statutes,) 
edition of. Sec., of Little A: Brown, made 

evidence. &c 908 101 

preservation of. and delivery to succes- 
sors, by public officers 1777 251 

editing and distribution of 250,251 

Stealing. 
by persons in naval service, of public 

money or property art. 14 18 

monev. goods, &c., from vessel in dis- 
tress, &c 5358 282 

any record, writ, process, &C 5394 112 

record, paper, Sec. of court of jus- 
tice, or deposited in any public 

office ' 5403 71 

bv anv person, of public property &c, 

5139 114,115 
out of letter, ice. valuable inclosnre. 5467 214 
or anv letter or packet from the mail. 

post-office, &€ 5469 214 

mail-bag or other property belonging to 

Poet-Office Department 5475 215 



Steam-Engineering, Bureau of, 

clerks in 416 

establishment of 419 

appointment of chief of 421-424 

pay of chief of 1565 

relative rank and title of the chief of. 

1471 

of retired chief of 1473 

Steerage-Officers of the Xavy, 

ensigns to be, unless, See 1490 

Steering and Sailing Rules. 

4233 
Stolen Checks, 

provision for paying 3647 

Store-keepers, (see Naval Store-keepers.) 
Stores, 
for the Xavy. purchase and care of . 1549 
dealing in. on private account.. art. 11 
Stores and Supplies, 

disposal of proceeds of 3617, 3618 

3692 
Stow-Atoays, 

vessels not to be liable for carrying. 4514 
Stranded Vessels, 
protection of, by consuls. Sec., on foreign 

coast '. 4238 

Stranding Vessel, 
punishment for, willfully, <fcc, in the 

Xavy arts. 4, 8 

Striking, 

superior officer in the Xavy art. 4 

any person in the Xavy art. 8 

with malice, upon certain waters. ..5339 
without malice, in certain places or on 

certain waters 5341 

Striking the Flag, 

in the Xavy. without authority . . .art. 4 
Subjects, Foreign, 
of countries "at war with United States, 
not admitted to citizenship . ..2171 
Subornation of Perjury, 

punishment of 5393 

indictment of, what to set forth 5397 

Suffrage, 
officers of Army or Xavy not to interfere 

with right of 2003 

right of, not to be affected in any State 

by reason of race, color. &c. . .2004 

preventing another from exercising the 

right of 5507, 5509 

Sum mary Courts-Martial, 

in Xavy, by whom ordered art. 26 

for what offenses art. 26 

constitution of art. 27 

recorder of art. -27 

oath of members of art. 28 

testimony before art. 29 

punishments which mav be inflicted 

by art. 30 

may disrate for incompetency . .art. 31 

execution of sentence of .art. 32 

remission of sentence of art. 33 

proceedings of, how conducted art. 34 
general courts-martial may inflict same 

punishment as art. 35 

Sunday, 
studies not to be pursued on, at Xaval 

Academy 1526 

Sunken Vessels, (see Lost Vessels.) 
Superiors. 

no contributions for presents to 1784 

Superior Officer, 

assaulting or striking art. 4 

Supplies, 
for the Xavy. purchase and care of 1549 
dealing in, on private account, forbid- 
den art. 11 

purchases, Sec., of, to be under Secretary 

of Xavy 3714 

provisions concerning contracts for. and 

purchases of 3718-3747 

proceeds of sale of, shall be deposited in 

Treasury, ic 3618 

statement of, in book of estimates. 367-2 
contracts. Sec. for. shall be made after 

advertising 3709 

contracts for, limited to one year.. 3735 



Page. 

76 

77 
77 
78 

78 
78 

239 

50 

32 



56 
17 

252, 253 
12 

255 



281 

15,16 

15 

16 

173 

173 

15 



204 
204 



95 



179 

27 
15 
56 
17 
56 
56-60 



253 
253 



372 



INDEX. 



Page. 
Sureties, 
when to have priority of claim against 

principal '. .3468 82 

on contracts for naval supplies 3722 57 

Surgeon -General, of theXnnj, 
chief of Bureau of Medicine and Surgery 

to have title of 1471 78 

shall receive and record evidence in cer- 
tain pension-cases 4717 195 

Surgeons, (jQfavy,) 

number of, on the active list 1368 171 

qualifications for appointment of ..1371 171 

designation of, for fleet 1 373 171 

duties of 1374 171 

relative rank of, on active list 1474 171 

pay of ,. 1556 171 

Surplus Fund, (Treasury,) 
balances of appropriations shall be car- 
ried to 3690, 3691 12 

Surrendering, 

treacherously yielding or art. 4 15 

Survey of Vessels, 
may be ordered on complaint of mate 

and crew 4559 257 

power and duties of inspectors in foreign 

port 4560 257 

contents of report of inspectors of ves- 
sel to consular officer 4561 258 

payment of cost of, in foreign port . . 4562 258 

penalty for refusal to pay for 4563 258 

of vessel or property, in prize-cases 4615 222 
of prize-property taken for the use of the 

United States 4624 224 

Surveying-Expeditions, 
proceeds of materials, &c. not to be cov- 
ered into Treasury 3618 253 

Suspension from Duty, 

punishment by art. 24 19 

of public officers • 1762 275 

Suspension from Office, 

by the President 1768 276 

Suspension of Pay, 
adjudged by general court-martial. 

art. 48 67 

of officers in arrears 1766 13 

of civil officers suspended J 1762 275 

T. 
Tattooing, 

forbidden in the Navy art. 49 67 

Telegraph-Lines, 

Secretary of "War may establish, con- 
necting signal-stations 223 81 

over and through the public do- 
main 5263-5269 269 

between the public Departments 270 

Tenure of Office, 

for persons holding civil office 1767 276 

Revised Statutes not to affect 5597 249 

Thanks of Congress, (see Vote of Thanks.) 
Thanksgiving, Public, 

holiday in District of Columbia 121 

Theft. 

punishment for, in the Navy art. 8 16 

of public property and money 5439 114 

Third Assistant Engineers of the Navy, 

pay of officers retired as 1590 242 

Testimony, 
before either House, &c, not to be used 
in criminal proceedings. <fcc, ex- 
cept, &c 859 54 

taken in foreign countries 4071-4074 106 

taken in consular courts 4097 109 

Timber. 
unlawfully cutting or destroying re- 
served, &c 5388 244 

Timber-Inspectors, 

authority to discontinue 1416 181 

Timber-Lands, 
selection, survey, &c, for use of 

Navy 2458-2463 243 

Title, 

of land for forts, public buildings, &c, 

to be examined 355 181 

Tobacco for Navy, 
purchase of 3721 57 



Page. 
Tonnage of VesseU. 

provisions relating to. 4153,4154 278 

Total DvtaMKty, 

pension shall be granted for 4692 189 

rates of pension for 4695 190 

when increase to commence 469d|- 192 

increase of pensions for 201 

Trade- Dollar, 

weight and fineness of 3513, 3514 44 

devices and legends of 3517 44 

Trading tvithout License, 

in States in insurrection, <fcc 5306 133 

Traffic, 

on vessels of war art. 8 16 

Transcripts, 
to be transmitted to Supreme Court in 

cases of appeal 698 148 

from books, &c, when evidence 886 100 

evidence in trial for embezzling public 

money 887 100 

Transfer, 

of men from Army to Navy 1421 261 

of contracts forbidden 3737 53 

Transportation, 
of gunpowder, nitro-glycerine, &C.4475 119 

to persons requiring artificial limbs, 

&c .., 4791 20 

Transportation for the Navy, 
contracts not to exceed necessities . . 3732 58 

• of supplies, advertisements for 3718 56 

Transports, 
detail of Navy officers to inspect 

Army 1 437 283 

Traveling, 

allowances for, in the Navy .1566 271 

actual expenses of, only allowed 271 

vouchers for, to be approved by Secre- 
tary .' 271 

Treason, 
copy of indictment, &c, to be delivered 

to person indicted of j033 271 

right of defense by counsel 1034 272 

limitation of time for findinc; indictment 

of 1043 248 

provisions of Title Neutrality not to 

prevent prosecution for 529 1 184 

who guilty of 5331 272 

punishment of 5332 272 

misprision of 5333 272 

Treasurer of the United States, 

not to engage in certain business 243 80 

appointment and salary of 301 273 

bond of '. 302 273 

niav authorize Assistant Treasurer to act 

in his place 304 273 

dutiesof .305 273 

to cover into the Treasury outstanding 

liabilities 306 31 

to report accounts unchanged for three 

years 310 274 

location, <fcc , of office 3591 274 

public money subject to draft of . . . 3593 274 

Assistant, location of 3595 274 

Treasury Department, (see Department of 

the Treasury.) 
Treaties of United States, 
copies to be furnished Congressional 

Printer 3803 234 

jurisdiction of suits by aliens for writs in 

violation of....' 563 136 

limit to jurisdiction of Court of Claims, 

1066 62 < 

printing of 3805 234 

rates for publishing 3825, 3826 8 

prize laws not to contravene 4652 229 

making war contrary to provisions of, 

piracy 5374 206 

Treaty Stijmlations, 
respecting maritime jurisdiction of for- 
eign consular officers 4079-4081 89 

respecting judicial authority of ministers 

and consuls 4083 107 

Trusses, 

to soldiers ruptured 1176 20 

applications for, how made 1177 20 

purchase of, by Surgeon-General 1178 20 



INDEX. 



373 



Page. 
Trust Funds, 
interest on investment of (see Addenda — 
after index) 3659 

U. 

Uncivilized Countries. 

judicial powers of cousuls,&.c, in... 4088 108 

Uniform, 

retired officers entitled to wear 1456 241 

of persons in diplomatic service 1688 86 

Unseaworthy Vessels, (see Vessels, Mer- 
chant.) 

Y. 

Vacancies. 

in office of Senator 16, 17 51 

election to till, in office of Representative 

or Delegate 26 52 

in offices of President and Vice-Presi- 
dent 146-150 217-218 

in Departments, how rilled 177-179 275 

temporary appointments to fill.. 180, 181 275 
officer temporarily tilling, not to receive 

extra compensation 182 275 

in case of. in office of Chief -Justice.. 675 146 
within what time the President shall 

nominate persons to fill 1768 276 

occurring during recess of Senate. . .1769 276 
Vegetables, 

procurement of desiccated 3726 58 

use of. in Xavy ration 1581 240 

Vessels, Merchant. 
what shall be deemed, of the United 

States 4131 277 

officers of. to be citizens of the United 

States 4131 277 

that are entitled to register 4132 277 

owned by non-residents 4133 277 

owned by non-residents, naturalized. 4134 278 

American, taking a foreign flag 4135 278 

wrecked, new register to .' 4136 278 

owned by corporations 4i:!7 278 

new register, &c 4138 278 

whereto be registered 4141 278 

mode of measurement of 4150 278 

exceptions ... 4151 278 

to what vessels limited 4152 278 

3ter tonnage of 4153 278 

form of register of 4155, 4156 279 

sale of. to foreigners 4172 279 

system of numbering 4 177 280 

change of name of 4179 280 

fraudulent registry of 4189 280 

sea-letters for 4190 230 

forged sea-letters 4191 280 

form of clearance for 4201 280 

conveyance of mails by 4203 280 

conveyance of bullion,' coin. &c 4204 280 

tariff of fees to be charged bv consuls, 

4207 281 

lights and fog-signals for 4233 48-50 

stranded on foreign coasts 4238 261 

passports for 4306 281 

departure without, penalty 4307 281 

Sassports of unregistered. .. 4308 2S1 

eposit of papers of, with consul .. .4309 281 

penalty for failure to do so 4310 281 

list of crew of, to be delivered to col- 
lector 4573,4574 281 

rules as to list of crew 4575 282 

plundering wrecked 5358 282 

• conspiracy to cast away 5364 282 

owner destroying 5365 283 

other persona destroying 5366, 5367 283 

forging papers of 5423 283 

Vessels of Xavy. 
arson of. belonging to the United 

States . , 5387 14 

when persona serving on, to have pen- 
sions 4693 189 

rate of total-disability pension to. 4695 190 
definition of term as used in Title 

Prang 4614 222 

share in prize to be allowed to (see 

Prize) 4632 226 

may be employed to protect merchant- 

Is from pirates, <fec 4294 205 



Vessels of Xavy — Continued. 

rules for navigation of 4233 

on foreign stations, purchases of sup- 
plies for 3721 

contracts in United States for supplies 

to 3723 

commanders of, may examine, &c, ves- 
sels in cooly-lrade 2163 

authority of officer over crew of.. art. 21 
officers fif. to be citizens of the United 

States 1428 

division into classes and commands . 1529 

classifications, <fcc, of steam 1530 

rule for naming 1531 

two not to bear the same name 1532 

change of names of purchased 1533 

disposition of, in time of peace 1534 

officering and manning of, in time of 

peace 1535 

to cruise on coast in severe weather, 1536 

to assist distressed navigators 1536 

patented articles for marine engines 

in 1537 

repairs to hulls and spars of 1538 

to sails and rigging of 1539 

unfit for, sale of, bv order of the Pres- 
ident 1540 

by Secretary of the Xavy 1541 

report of sales of, to Congress 1541 

punishment for willfully stranding, art. 4 

for willfully injuring art. 4 

for negligently stranding art. 8 

lost or wrecked,' pay of crews of 1574 

captured by enemy* pay of crews of. 1575 

rules for preventing collisions 4233 

(See also Lost Vessels.) 
Vice- Admiral. 

grade of. to cease 1362 

number on active list 1363 

secretary to 1367 

pay of 1556 

secretary to 1556 

Vice-President of the United States, 

election of 131 

death. &c, provisions in case of 146 

resignation or refusal to accept 151 

term of office, commencement, &c, of, 152 

salary of 154 

Volunteer Xavy, 
temporary acting assistant surgeons, 1411 
officers of. transferred to Regular 

Xavy .1412 

pay of officers of , 1559 

Volunteer Service. 

marine officers to be credited. with.. 1600 
Vote of Thanks, 
advancement of officers receiving.. 1508 
effect of, on active and retired lists. .1509 
filling of vacancies on death, &c, of offi- 
cers who received 1510 

advancement of marine officers who 

receive 1607 

Voters, (see Elective Franchise.) 
Vouchers, 
making or using, <fec, of any false, to 
obtain payment of claims, <fec, 

against United States art. 14 

3490, 5438 17, 
penalty for passing, &c, for salary of 

civil officer suspended, &c 1762 

paving sum less than provided by law, 
&0 5483 

W. 

Wages. 

officers to discourage sale of 1430 

assignment of. by enlisted men 1576 

false personation of person entitled 

to 5435 

endeavoring to obtain, by forged power 
of attorney 5436 

War, 

treatment of aliens during 4067-4070 

when deemed piracy 5374 

War Department, (see Department of War.) 

Warrant of Attorney, 
to receive claim on United States. . .3477 



Page. 
48 
57 
57 

125 

19 

283 

283 
283 

284 
284 
284 
284 

284 
284 
284 

284 
284 
284 

284 

284 

284 

15 

15 

16 

160 

160 

48 



161 
161 
263 
162 
263 

216 
217 
218 
218 
218 

234 

235 
285 

285 

231 
231 

231 

163 



41, 113 
275 
101 

262 
21 

113 

113 



8 
206 



40 



374 



INDEX. 



Page. 
Warrant-Officers in the Navy, 

number and appointment of 1405 285 

what officers to be known as 140R 285 

promotion of seamen to grade of 1407 285 

not to discharge from enlistment. . 1409 170 

assimilated rank to 1491 285 

pay of 1556 852 

Warrants, Land, (see Bounty Lands.) 
Warrants, (Treasury,) 
examination of, by Assistant Secretary 

of Treasury 245 80 

delegation of Assistant Secretary to 

sign 1 .246 80 

Talidity of, signed by Assistant Secre- 
tary 247 80 

by Secretaries of War and Navy, to be 

countersigned by whom 273 6 

penalty for allowing, for salary of civil 

officer suspended, &c 1762 275 

for money of War and Navy Depart- 
ments, how issued 3673 11 

on Treasurer, form of 3675 11 

Wasting, 
ammunition and other public proper- 
ty art. 8 16 

Weights and Measures, 

metric system of, legalized 3569 45 

equivalents of metric system 3570 45 

Widows, (see Pensions and Bounty Land.) 
Watchmen, 

employment of, in Departments 1 69 70 

payof 167 70 

Witnesses, 

in congressional investigations 101 54 

refusing to testify , 102-104 54 

when not privileged 103 54 

inclaimspendinginDepartments.184, 187 39, 40 
in Court of Claims not excluded on ac- 
count of color 1078 64 

claimants and persons interested, not 

competent as 1079 64 

testimony, to be taken where witness 

resides, when, &c 1081 64 

subpoenas issued for, to attend before 

commissioner, &c 1082 64 

cross-examination of, in cases be- 
fore 1083 64 

to be sworn by commissioner taking 

testimony for 1084 64 

conspiracy to deter, injure, &c 1980 36 

under letters rogatory 875, 4071 286, 106 

not compelled to make criminating dis- 
closures 4072 106 

refusal to appear or answer 4073 106 

fees and mileage of 4074 106 

in consular courts, oath for Chris- 
tian 4117 111 



Witnesses — Continued, 
in consular courts, ' mode of examin- 
ing 4117 

in prize cases, what persons to be sent 

in 4615 

commanding officer to explain any ab- 
sence of 4615 

to be delivered to marshal by prize- 
master 4617 

fees of. how paid 4651 

disqualification of, by conviction of per- 
jury ' 5392 

attendance on and fees in United States 

courts 848-850 

Women, 

may be clerks in Departments 165 

Wood, 

for Government use, inspection.3711, 3713 
Workmen, 

at navy-yard, selection of 1543-1544 

not to be required to contribute to po- 
litical purposes 1546 

day's work of, to be eight hours 3738 

Wrecked Property, 

collection, &c, of 3755 

Wrecked Vessels, (see Lost Vessels.) 
certain wrecked and repaired, may be 

registered 4136 

protection, &c, of , by consuls, &c, when 

stranded on foreign shore 4238 

plundering, stealing, &c, effects belong- 
ing to 5358 

obstructing escape of any person 

from 5358 

holding out false lights to produce . . 5358 

T. 

Yacht Olub, 
yachts, owned by foreign, granted cer- 
tain privileges 4214 

Yachts, 

license and enrollment of 4214 

to use signals prescribed by Secretary of 

Navy 4215 

naval architects of United States may 

examine and copv models of ..4215 

privileges to, owned bv foreign vacht 

clubs ". .".4216 

commissions for 4217 

entry of, on return from foreign coun- 
try 4218 

Yards and Docks, 

Bureau of 419 

civil officers in 416 

selection of chief of 421-422 

rank 1471 

pay 1565 



Page. 



222 



222 

228 

204 

286 

70 

116 

181 

26 
58 

160 

278 

281 



28-7 
287 
288 
288 



77 
76 
77 
239 
78 



ADDENDA. 



Sec. 3659. All funds held in trust by the United States, and the annual Title 40. 

interest accruing thereon, when not otherwise required by treaty, shall 

"be invested iu stocks of the United States, bearing a rate of interest not trus^funds 11 * ° f 
less than five per centum per annum. 

Sec. 5534. Every accessory after the fact to any robbery of the carrier, Title 70, Chap. 8. 

agenr. or other person intrusted with the mail, of such mail or of any — — — ~ 

part Thereof, shall be fined not more than two thousand dollars, and be ro Tjbery S oT the 
imprisoned at hard labor not more than ten years. {See § 5472, p. 215.] ma ii. 

Sec. 5'25S. Every railroad company in the United States, whose road Title 64. 

is operated by steam, its successors aud assigns, is hereby authorized to — 

carry upon and over its road, boats, bridges, and ferries, all passengers, Inter-State corn- 
troops. Government supplies, mails, freight, and property on their way mumca lon - 
from any State to another State, and to receive compensation therefor, 
and to connect with roads of other States so as to form continuous 
lines for the transportation of the same to the place of destination. 
But This section shall not affect any stipulation between the Govern- 
ment of The United States aud any railroad company for transportation 
or fares without compensation, nor impair or change the conditions im- 
posed by the terms of any act granting lands to any such company to 
aid in The construction of its road, nor shall it be construed to authorize 
any railroad company to build any new road or connection with any 
other road without authority from the State in which such railroad or 
connection may be proposed. And Congress may at any time alter, 
amend, or repeal this section. 

Sec. 5259. Whenever, in any grant of land or other subsidies, made or Compensation 
hereafter to be made, to railroads or other corporations, the United of directors, &c, 
States has reserved the right, or shall reserve it. to appoint directors, ^P 01 *? 1 ^ ^y the 
engineers, commissioners, or other agents to examine the roads or act in m e a e "' 
conjunction with oTher officers of such company or companies, all the 
costs, charges, and pay of such directors, engineers, commissioners, or 
agents shall be paid by The respective companies. Such directors, engi- 
neers, commissioners, or agents shall be paid for such services the sum 
of ten dollars per day, for each and every day actually and necessarily 
employed, and ten cents pe,r mile for each and every mile actually and 
necessarily traveled in discharging the duties required of them, which 
per diem and mileage shall be in full compensation for such services. 
In case any company shall refuse or neglect to make such payments, no 
more patents for lands or other subsidies shall be issued to such com- 
pany until th-se requirements are complied with. 

Sec . 5260. The Secretary of the Treasury is directed to withhold all Secretarv o f 
payments To any railroad company and its assigns on account of freights the Treasury to 
or transportation over Their respective roads of any kind, to the amount withhold p ay- 
of payments made by the United States for interest upon bonds of the JJJJJ^ JJJ certam 
United States issned to any such company, and which shall not have 
been re-imbursed, together with the five per centum of net earnings 
due and unapplied, as provided by law. 

1 Any such company may bring suit in the Court of Claims Companies may 
to recover the price of such freight and Transportation, and in such suit sue in Court of 
the right of such company to recover the same upon the law and the Claims, 
facts of the case shall be determined, and also the rights of the United 
States upon the merits of all the points presented by it in answer 
thereto by them ; and either party to such suit may appeal to the 
Supreme Court ; and both said courts shall give such cause or causes 
precedence of all other basic 

SEC. 5262. The proper circuit court of the United States shall have Circuit court to 
jurisdiction to hear and determine all cases of mandamus to compel issne mandamus. 

d Union Pacific Railroad Company to operate its road as required by 
law. 

1552. The Secretary of the Navy may establish, at such places Title 15, Chap. 7. 

as he may deem necessary, suitable depots of coal and other fuel, for - - — — ■ 

the srapply of steamships of war. Coal-depots. 





it s m 



LIBRARY OF CONGRESS 



hllllllllllllll'l 

DDD211DfiSSa 



